In short. A decree or arbitral award does not pay itself. If the losing side has not paid after a Delhi High Court decree, or after an arbitral award above the High Court's pecuniary limit, you file an execution petition under Order 21 CPC and ask the court to attach bank accounts, receivables or property, or order the debtor to disclose assets. Domestic awards become enforceable once the time to challenge them expires or the challenge fails. The Supreme Court expects executions to finish within six months, though many take longer. Start by listing everything you know about the debtor's assets.
Is this your situation?
- You have a money decree from the Delhi High Court and the defendant has not paid.
- An arbitral award in your favour was upheld, or the time to challenge it has passed, and the other side is ignoring it.
- The judgment debtor is a company that appears to have moved its money elsewhere.
- You have a decree for possession or an injunction that the other side is not obeying.
- You hold a foreign arbitral award or a foreign court judgment against a party with assets in Delhi.
- You are the judgment debtor and have received notice of an execution petition or an attachment order.
- Your property or bank account was attached in someone else's execution and you are not the debtor.
What execution is and when you need it
Execution is the court process that turns a decree into money, possession or compliance. A decree says the defendant must pay Rs 4 crore with interest; execution is how the court makes that happen when the defendant does not pay voluntarily. It is governed by Sections 36 to 74 and Order 21 of the Code of Civil Procedure 1908, which give the court a range of tools: attaching and selling property, attaching bank accounts and debts owed to the debtor, appointing a receiver, and in limited cases detaining the debtor in civil prison.
Arbitral awards are executed the same way. Section 36 of the Arbitration and Conciliation Act 1996 says that once the time to challenge an award under Section 34 has expired, or the challenge has been refused, the award is enforced under the CPC as if it were a decree of the court. Foreign awards from New York Convention countries are enforced under Sections 47 to 49 once the court is satisfied they meet the conditions of the Act.
Most decree holders discover that execution needs as much attention as the suit did. Debtors who lost on merits often fight hard at the execution stage, raising objections, transferring assets or putting forward relatives as owners. The Supreme Court has repeatedly called the delay in execution a serious problem, and that is reflected in the directions discussed below.
The provisions you will see in an execution case
Order 21 Rule 11 CPC
The written application for execution, stating the decree, the amount due, payments received, the mode of execution sought and the property to be proceeded against. A Delhi High Court decree is executed by filing this application, called an execution petition, on the original side of the High Court.
Section 51 CPC
The modes of execution: delivery of specific property, attachment and sale, arrest and detention in civil prison, appointment of a receiver, or any other manner the nature of the relief requires. The court chooses the mode suited to the decree and the debtor's position.
Order 21 Rule 41
The court can order the judgment debtor, or an officer of a debtor company, to be orally examined about assets and to file an affidavit of assets. This is often the single most useful tool in a money execution.
Order 21 Rules 46 to 46I and 54
Attachment of debts and money owed to the debtor, including garnishee orders directing a third party (a bank, a customer, a tenant) to pay into court instead of to the debtor. Rule 54 governs attachment of immovable property by prohibitory order, followed by sale under Rules 64 onwards.
Section 47 CPC and Order 21 Rules 58 and 97
Section 47 requires questions between the parties about execution to be decided by the executing court itself, not by a fresh suit. Rule 58 lets a third party object that attached property is not the debtor's. Rule 97 deals with resistance to delivery of possession.
Article 136, Limitation Act 1963
A decree, other than one for a perpetual injunction, can be executed within 12 years from when it becomes enforceable. If execution is applied for more than two years after the decree, Order 21 Rule 22 requires notice to the debtor to show cause before execution proceeds.
Which court executes your decree or award
A decree is executed by the court that passed it, or by a court to which it is transferred. If the Delhi High Court decreed your suit on its original side, which handles suits valued above Rs 2 crore at present (a proposal to raise the limit is pending, so check the current limit), the execution petition is filed in the High Court and is usually dealt with by a single judge, with procedural steps handled by the Joint Registrar. Decrees of Delhi's district courts are executed in those district courts. Our guide on the High Court's original side explains how that side works.
Arbitral awards are enforced in the court that has jurisdiction over the arbitration under Section 2(1)(e) of the Act, which in Delhi means the High Court for awards above the pecuniary limit where Delhi courts have jurisdiction, and the district commercial court for smaller awards. The Supreme Court held in Sundaram Finance Ltd. v. Abdul Samad (2018) that an award can be executed directly in the court where the debtor's assets are, without first obtaining a transfer from another court. Foreign awards are enforced in the High Court having jurisdiction, and in Delhi the Commercial Division hears them.
If the debtor's assets are in another city, a Delhi decree can be transferred under Section 39 CPC to the court where the property is, because an executing court cannot ordinarily proceed against property outside its territory. Decrees of superior courts in countries notified as reciprocating territories, such as the United Kingdom, Singapore and the UAE, can be executed in India under Section 44A CPC as if they were Indian decrees, in the court with jurisdiction by value and territory.
How an execution petition moves in the Delhi High Court
Calculate what is due
Work out the principal, interest at the decreed rate up to the date of filing, costs awarded, and any payments already received. Interest continues to run until payment, so the petition should state the rate and the basis of calculation clearly.
Identify assets
List every asset you know of: bank accounts and branches, immovable property with addresses and registration details, vehicles, shares, receivables from known customers, and money held by others for the debtor. Property searches, company filings and GST details often reveal more than the decree holder expects.
File the execution petition
The petition under Order 21 Rule 11 is filed on the original side with a certified copy of the decree or award, the calculation, and the asset details. It asks for specific modes of execution, such as attachment of named accounts and an order for the debtor to file an affidavit of assets.
Notice and affidavit of assets
The court issues notice to the judgment debtor and usually directs an affidavit of assets in the prescribed format, covering bank accounts, property, income and transfers. The Delhi High Court takes a false or incomplete asset affidavit seriously, and it can lead to contempt or perjury proceedings.
Attachment orders
On the decree holder's application, the court issues warrants or prohibitory orders attaching bank accounts, debts and property. Banks are directed to freeze balances up to the decretal amount and report. Third parties owing money to the debtor can be directed to deposit it in court.
Objections and hearing
The debtor may raise objections under Section 47, and third parties may claim attached property under Rule 58. The court hears and decides these, often after limited evidence. Frivolous objections can be dismissed with costs.
Sale or release of money
Attached money is released to the decree holder on the court's order. Immovable property is sold by public auction through the court process after a sale proclamation, and the sale is confirmed if no valid objection is raised under Rules 89 to 91.
Satisfaction and closure
Once the decree is satisfied, the court records satisfaction and closes the execution. Part satisfaction is recorded as it happens, and the execution continues for the balance.
Time and cost at each stage
| Stage | Typical time | Court fee and costs (general) |
|---|---|---|
| Certified copy of decree or award | A few days to two weeks | Copying charges per page |
| Filing the execution petition | Any time within 12 years of the decree becoming enforceable | Fixed court fee on the execution application (check the current schedule); process fee for warrants and notices |
| Notice and asset affidavit | One to three months | Service costs; costs of property and company searches |
| Attachment of bank accounts and debts | Days to weeks once the order is passed | Process fee; bank compliance is through the court's order |
| Objections under Section 47 or Rule 58 | A few months to a year, depending on evidence | Costs can be imposed on frivolous objectors |
| Auction of immovable property | Six months to two years, depending on title and objections | Sale costs, publication and valuation expenses, recovered from sale proceeds |
| Overall target | Supreme Court directions expect execution within six months of filing | In practice, contested executions often run longer |
Documents for an execution petition
On the decree or award
- Certified copy of the judgment and decree, or the signed arbitral award
- Orders in any appeal, Section 34 petition or SLP, showing no stay is in force
- Calculation of principal, interest and costs, with any part payments
- For foreign awards: the original or authenticated award, the arbitration agreement and certified translations
On the debtor's assets
- Bank names and branches where the debtor operates accounts (from cheques, invoices or correspondence)
- Addresses and registration details of property, from sale deeds or sub-registrar searches
- Company master data, charges and recent filings from the MCA portal
- Names of the debtor's customers, tenants or others who owe it money
- Vehicle registration details, shareholdings and other movable assets
On the decree holder
- Board resolution or authority letter for a company decree holder
- Power of attorney for an NRI or foreign decree holder, apostilled or consularised as required
- Bank details for release of money deposited in court
Finding the money: asset disclosure, bank accounts and garnishee orders
The most effective money executions start with information. In Rahul S. Shah v. Jinendra Kumar Gandhi (2021), the Supreme Court issued directions to speed up execution, including that executing courts should direct the judgment debtor to disclose assets on affidavit and should decide execution petitions within six months, extended only for recorded reasons. In Periyammal v. V. Rajamani (2025), the Supreme Court reiterated those directions, said presiding officers would be answerable for failure, and asked High Courts to monitor pending executions.
Bank attachment is usually the fastest route. Once the court issues a prohibitory order to a bank, the bank must hold balances up to the decretal amount and report to the court. Where the debtor is a business with regular customers, a garnishee order under Order 21 Rules 46A to 46I can direct those customers to pay their dues into court. This often brings a commercial debtor to the table quickly, because it disrupts its relationships.
When Advocate B.K. Singh prepares an execution petition, he spends as much time on the asset schedule as on the petition itself: the bank branches named on old cheques, the property in the company's charge register, the large customers named in its GST filings. An execution petition that asks only for 'attachment of the debtor's property' without specifics invites a long wait.
Arrest and civil prison: when it is available
Detention in civil prison is a mode of execution for money decrees, but it is not a debt collection threat to be used casually. The Supreme Court held in Jolly George Varghese v. Bank of Cochin (1980) that a debtor cannot be detained merely for not paying; the court must be satisfied that the debtor has, or has had since the decree, the means to pay and has refused or neglected to do so, or has transferred or concealed property to defeat the decree. Order 21 Rules 37 to 40 require a show cause notice and a hearing before detention.
Section 56 CPC bars arrest of women in execution of money decrees. Section 58 limits detention to three months where the decree exceeds Rs 5,000, six weeks where it is between Rs 2,000 and Rs 5,000, and none for smaller amounts. In a company's case, the officers responsible can be examined and, where they disobey the court's orders on disclosure, face contempt, but the company's debt does not automatically become theirs.
In practice, an application for detention is most useful where there is evidence that the debtor has means: a director living in a large house in Vasant Vihar while claiming the company has no money, or a debtor who has sold property after the decree. It concentrates minds, but the court will look at the evidence carefully.
Executing against a company and its directors
A decree against a private limited company is executable against the company's assets, not against its directors personally. Directors become liable only where they gave personal guarantees and the decree is against them as guarantors, where they are personally party to the decree, or in the rare cases where the court lifts the corporate veil because the company was used to defraud creditors. Decree holders often discover this too late; if a director gave a guarantee, make sure the suit names him.
Two events can stop a company execution. If the company enters the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, the moratorium under Section 14 halts execution, and the decree holder must file its claim with the resolution professional. If the company goes into liquidation, the claim is made in the liquidation. Conversely, a decree can sometimes form the basis of an insolvency application against a company, where the default is above the IBC threshold of Rs 1 crore; whether that is wise depends on the debtor's position and on the decree holder's priority among creditors.
Our guide on executing a money decree against a company sets out the practical choices, including when an insolvency application makes more sense than execution.
Objections by the judgment debtor and third parties
Section 47 CPC requires all questions between the parties about the execution, discharge or satisfaction of the decree to be decided by the executing court. Typical objections are that the decree has been satisfied, that the amount claimed is wrong, that the decree is a nullity for want of jurisdiction, or that limitation has run. The executing court cannot go behind the decree; it cannot reopen the merits of the suit.
Third parties often appear claiming that attached property belongs to them: a wife claiming a flat bought in her name, a sister company claiming a bank account, a buyer claiming he bought the property before attachment. Order 21 Rule 58 requires the executing court to decide these claims itself, with evidence if necessary. The Supreme Court in Rahul S. Shah directed executing courts to decide such claims promptly and not let them become a second suit.
Transfers made after the debtor knew of the suit deserve close scrutiny. Section 64 CPC makes private transfers of attached property void against the decree holder, and transfers made to defeat creditors can be challenged under Section 53 of the Transfer of Property Act. Where a transfer was made in the middle of the suit to a relative for nominal consideration, the decree holder should raise it at once.
Enforcing arbitral awards, domestic and foreign
A domestic award becomes enforceable when the period for a Section 34 challenge (three months, extendable by 30 days) expires, or when the challenge is dismissed. Since the 2015 amendment, simply filing a Section 34 petition does not stay the award; the award debtor must apply under Section 36(2) and (3) and the court may grant a stay on conditions, which for money awards usually means deposit or security. If no stay has been granted, the award holder can file for enforcement even while the Section 34 petition is pending.
Foreign awards follow Part II of the Act. The award holder applies to the High Court with the award and the agreement, and the award debtor can resist enforcement only on the narrow grounds in Section 48, such as incapacity, lack of proper notice, the award going beyond the submission, or conflict with the public policy of India. Once the court holds the award enforceable, it is executed as a decree of that court. Our guide on enforcing an arbitral award in Delhi explains both routes, and our page on arbitration petitions covers the Section 34 challenge.
For disputes still in arbitration, or for more detailed material on arbitration law, our sister site arbitrationlawyer.in covers arbitration practice in more depth.
Decrees for possession and injunctions
Not every execution is about money. A decree for possession of immovable property is executed under Order 21 Rule 35 by the court's bailiff delivering possession, with police help where the court directs. If the judgment debtor or someone claiming through him resists, the decree holder applies under Rule 97, and the court decides the resistance, including claims by occupants who say they have independent rights.
Injunction decrees are executed under Order 21 Rule 32. If the defendant wilfully disobeys a decree restraining him from, say, using a trade mark or constructing on a plot, the court can attach his property and detain him in civil prison. Disobedience of injunctions also invites contempt proceedings. For claims that have not yet reached a decree, our page on commercial suits and our page on money recovery suits above Rs 2 crore explain how to frame the suit so that the decree is easy to execute.
For the judgment debtor: your options after an execution notice
If you are the judgment debtor, do not ignore an execution notice. The court can order attachment and asset disclosure even if you do not appear, and a debtor who files no response loses the chance to raise legitimate points, such as payments already made, wrong interest calculations or property that is exempt from attachment under Section 60 CPC (necessary clothing, tools of artisans, and a portion of salary, among others).
If an appeal is pending and you have not obtained a stay, apply for one in the appellate court immediately; the executing court will usually not stay its own proceedings without an order from the appeal court. If you accept the liability but cannot pay at once, propose a payment plan with security. Executing courts and decree holders often accept structured payments backed by post-dated cheques or a charge on property, because a willing debtor is more valuable than a contested auction. Our page on commercial appeals explains how stay and deposit work in the appeal court.
Common mistakes in execution
- Filing without an asset list. A general prayer for attachment of 'all assets' is slow. Specific accounts and properties get specific orders.
- Waiting years to file. The limit is 12 years, but assets disappear much sooner. File as soon as the decree is enforceable and no stay operates.
- Suing directors who did not guarantee. A company decree does not bind its directors personally without a guarantee or a veil-lifting finding.
- Ignoring an IBC moratorium. Once insolvency of the debtor company begins, the execution stops and the claim must be filed with the resolution professional.
- Letting third-party claims drift. Rule 58 objections should be pressed for an early decision, with documents showing the real ownership.
- Debtors filing false asset affidavits. Concealing assets can lead to contempt, perjury and detention, which is far worse than the decree itself.
- Not recording part payments. Payments outside court should be certified to the court under Order 21 Rule 2, or they may not be recognised.
A made-up example: an IT services award against a Gurugram company
Here's a made-up example. A Noida software firm wins an arbitral award of Rs 2.8 crore with interest against a Gurugram logistics company, with the seat of arbitration in New Delhi. The logistics company files a Section 34 petition but does not seek a stay. Four months later, the software firm files an enforcement petition in the Delhi High Court, naming two bank accounts of the debtor (from old payment advices) and three of its large customers (from purchase orders it had seen during the project).
The court issues notice and directs the debtor's managing director to file an affidavit of assets. It attaches the two accounts up to the award amount. The affidavit shows modest balances but discloses receivables from the three customers, and the court issues garnishee notices. One customer deposits Rs 90 lakh in court within a month.
Facing frozen accounts and nervous customers, the debtor applies for a stay in its Section 34 petition and is directed to deposit the balance award amount as a condition. It deposits, and the money stays in court until the Section 34 petition is decided. This is a made-up illustration; in a real case, the outcome depends on the debtor's assets, the court's view of any stay application and how quickly the information is assembled.
Decree holders and debtors outside India
NRI and foreign decree holders can execute through a power of attorney holder in Delhi, and hearings can be attended by video conference. The power of attorney should specifically authorise filing and pursuing execution and receiving money from court, and it must be properly attested abroad. Release of money to an overseas account may need compliance with foreign exchange rules, so plan for that at the outset.
If the debtor has moved abroad, execution in India proceeds against assets in India. A Delhi decree may also be enforceable in the debtor's new country, depending on that country's law and whether India has reciprocal arrangements with it. Enforcing foreign judgments in India runs the other way under Section 44A for reciprocating territories, and by a fresh suit on the judgment for others.
What to do this week
Get the certified copy of the decree or the signed award, confirm that no stay is in force, and prepare the interest calculation. Make a list of every asset you know of, however small, with account numbers, branches and addresses. Search the MCA records if the debtor is a company. If you are the debtor, check whether a stay is possible in your appeal and what you can offer as security.
For advice on enforcing or defending a decree or award, or for updates on execution law in the Delhi High Court, contact Advocate B.K. Singh.
Frequently asked questions
How long do I have to execute a decree in Delhi?
Twelve years from when the decree becomes enforceable, under Article 136 of the Limitation Act, except for perpetual injunctions. If you apply more than two years after the decree, the court must first issue notice to the debtor under Order 21 Rule 22. Assets move faster than limitation runs, so file early.
Can an arbitral award be executed while the Section 34 challenge is pending?
Yes, unless the court has granted a stay. Since the 2015 amendment, filing a Section 34 petition does not automatically stay the award. The award debtor must apply for a stay, and for money awards the court usually requires deposit or security.
Can the directors of a company be made to pay a decree against the company?
Generally no. A decree against a company is executed against the company's assets. Directors are personally liable only if they are parties to the decree, for example as guarantors, or in rare cases where the court lifts the corporate veil for fraud.
What is an affidavit of assets in execution proceedings?
It is a sworn statement the court can order the judgment debtor to file, disclosing bank accounts, property, income and transfers. The Supreme Court has directed executing courts to use it. A false affidavit can lead to contempt and perjury proceedings.
Can my salary be attached in execution of a decree?
Only partly. Section 60 CPC exempts a portion of salary from attachment; the first Rs 1,000 and two-thirds of the remainder are protected, though rules differ for maintenance decrees. Check the current provision for your situation.
What happens if my property is attached for someone else's debt?
You can file an objection under Order 21 Rule 58 in the executing court, with documents proving your ownership and possession. The court decides the claim itself. Act quickly, before the property is put up for sale.
How long does execution take in Delhi High Court?
The Supreme Court has directed that execution petitions be decided within six months, with extensions only for recorded reasons. Bank attachments can work within weeks, but contested objections and property auctions often take a year or more.
Can I execute a UAE or UK court judgment in Delhi?
Judgments of superior courts in reciprocating territories, which include the UK, Singapore and the UAE, can be executed in India under Section 44A CPC as if they were Indian decrees. Judgments from other countries need a fresh suit in India based on the foreign judgment.