Allowed

Gummadi Srinivas, v. M/s.Sri Ram City Union Finance Limited

Andhra Pradesh HC9 Sept 2024CRP/1405/2024

Case brief

AI extract

What is this about?

Revision against salary attachment in execution of an arbitral award. Petitioner contended the Nuziveedu court lacked jurisdiction since he worked in Vijayawada and arbitration occurred at Machilipatnam. The High Court allowed the revision, set aside the attachment order and permitted execution before the appropriate court.

What the court decided

AI extract

Gummadi Srinivas, Vs M/s.Sri Ram City Union… — Execution and Attachment | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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TUESDAY ,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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AND

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THE HONOURABLE SRI JUSTICE HARINATH.N

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CIVIL REVISION PETITION NO: 1405 OF 2024

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Petition under Section 115 of CPC against the Orders dated 27.02.2024 passed in E.P.No. 1197/2021 in A.O.P.No.201/2012 by the Hon'ble XV Additional District Judge, Nuzvid, Krishna District, issuing Rule 48 attachment warrant against the salary of the petitioner.

¶9

Between:

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Gummadi Srinivas, S/o.Nagendra Vara Prasad, Aged about 48 years, Occ: Employee, R/o.D.No.13/67-A, LMB Bank Street, Leelamahal^Road Gudivada, Krishna District.

¶11

...PETITIONER/JDR N0.2/RESPONDENT N0.2

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AND

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M/s.Sri Ram City Union Finance Limited, Machilipatnam^Branch Machilipatnam, Krishna District.

¶14

...RESPONDENT/DHR/PETITIONER

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Gummadi Srinadh, S/o.Nagendra Vara Prasad, Aged about 42 years, Occ; Business, R/o.D.No. 18/243-4, Akunurivari Road, Machilipatnam, Krishna District.

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Mohd.Mohin Basha, S/o.Patcha Saheb, Aged Major, R/o.D.No.3-24, 3rd Ward, Machilipatnam, Krishna District.

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...RESPONDENTS/JDR N0.1 & 3/RESPONDENT N0.1 & 3

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The Manager, KDCC Bank, Main Branch, Machilipatnam,^Krishna District.

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...GARNISHEE/RESPONDENT

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lA NO: 3 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in E.P.No.1197/2021 in A.O.P.No.201/2012 on the file of Hon’ble XV Additional District Judge, Nuzvid, Krishna District, pending disposal of the CRP

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Counsel for the Petitioner : SRI B V ANJANEYULU

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Counsel for the Respondent No.1: SRI MAHESWARA RAO^KUNCHEAM

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Counsel for other Respondents: NONE APPEARED

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The Court made the following ORDER :

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APHC010252142024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3488] (Special Original Jurisdiction)

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TUESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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AND

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THE HON’BLE SRI JUSTICE HARINATH.N

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CIVIL REVISION PETITION NO: 1405 OF 2024

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Between:

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Gummadi Srinivas, ...PETITIONER

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AND

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M/s Sri Ram City Union Finance ...RESPONDENTS Limited and Others

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Counsel for the Petitioner: Sri B.V. Anjaneyulu

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Counsel for the Respondents: Sri Maheswara Rao Kunchem Ld. Counsel for R.1

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The Court made the following order: (per Hon’ble RRR, J)

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Heard the learned counsel for the petitioner and the learned counsel for respondent No.1.

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The petitioner herein had obtained a loan from the^first

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respondent herein. Thereafter, the first respondent

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C.R.P. No.1405 of 2024 10.09.2024

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-2-

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invoked arbitration vide A.O.P. No.201 of 2012 for recovery of the loan. This A.O.P. No.201 of 2012 has ended in an award dated 11.01.2014 requiring the petitioner herein to pay a sum of Rs.5,39,757/- with other respondents therein with interest at 12% per annum from the date of petition, i.e. 30.01.2012 till realization on Rs.2,29,500/-.

¶48

In pursuance of the recovery of the said amount, the first respondent moved E.P. No.1197 of 2021 before the XV Additional District Judge, Nuziveedu. The executing court, by an order dated 27.02.2024, had issued an attachment warrant against the salary of the petitioner herein, subject to section 60 of the Code of Civil Procedure 1908. Aggrieved by the said order, the petitioner has approached this Court. 4. The main ground raised by the petitioner is that he is presently working in Vijayawada and the arbitration has taken place in Machilipatnam and consequently, an execution petition could not have been filed in Nuziveedu as the said court would not have jurisdiction.

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5,

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C.R.P. No.1405 of 2024 10.09.2024

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-3-

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Nothing has been placed before us disputing the said contention of the petitioner. In the circumstances, it would be appropriate to allow this revision petition setting^aside the order dated 27.02.2024 passed by the XV Additional District Judge at Nuziveedu, Krishna District, in E.P. No. 1197 of 2021, with a liberty to the first respondent^to take appropriate steps for proceeding with the execution petition before the appropriate court of jurisdiction.

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Accordingly, the revision petition is allowed without costs. 7. Miscellaneous petitions pending, if any, shall stand closed.

SK.MOHAMMED RAFI

ASSISTANT, registrar

//TRUE COPY//

SECTION OFFICER

To,

The Principal District Judge: Machilipatnam, Krishna District

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The XV Additional District Judge, Nuzvid, Krishna District

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One CC to Sri. B V Anjaneyulu Advocate [OPUC]

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One CC to Sri. Maheswara Rao Kuncheam Advocate [OPUC]

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THREE CD COPIES

TAC

HIGH COURT

DATED:10/09/2024

ORDER

CRP.No.1405 of 2024

O
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★

¶71

ALLOWING THIS CRP

Gummadi Srinivas, v. M/s.Sri Ram City Union Finance Limited

Case brief

What is this about?

What the court decided

Gummadi Srinivas, v. M/s.Sri Ram City Union Finance Limited

Case brief

What is this about?

What the court decided

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Statutes considered

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