Money Decree

RDDB Act, 1993 — Section 19

A court decree ordering payment of a specific sum of money by the judgment debtor to the decree holder. In debt recovery, a money decree from a DRT can be executed by the Recovery Officer. A money decree from a civil court is executed through the execution court under Order XXI CPC. Recovery Certificate issued by DRT has the force of a money decree.

A money decree is the document a creditor actually executes against. In practice, once a DRT adjudicates an Original Application in the bank's favour, the Presiding Officer issues a Recovery Certificate that carries the force of a money decree, and the Recovery Officer then attaches and sells the debtor's assets to satisfy the certified sum. A civil court money decree is enforced separately through the execution court under Order XXI CPC. For counsel, the decisive practical work is post-decree: tracing the judgment debtor's bank accounts, immovable property and movable assets, and moving for attachment before assets are dissipated. A money decree is only as good as its execution; an undefended decree against a shell entity with no traceable property is hollow. Borrowers, conversely, watch limitation on execution and any procedural defect in the decree. Well-advised creditors confirm the asset position before treating a money decree as recovered.