Allowed

M/S. Shriram Chits Private Limited v. Yellani Sankara Rao

Andhra Pradesh HC25 Sept 2024CRP/2540/2024

Case brief

AI extract

What is this about?

Decree holder's execution petition under a chit funds award had been dismissed by the executing court as not maintainable, relying on a prior High Court judgment. Revision petitioner cited a later judgment distinguishing that precedent and holding such EPs maintainable. The Court agreed and set aside the docket order.

What did the court decide?

Order dated 23.12.2015 in E.P.No.76 of 2015 in Dispute No.116 of 2015 set aside; no costs.

M/S. Shriram Chits Private Limited Vs… — Execution and Attachment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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THURSDAY. THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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^3^
3:1 J&. o

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PRESENT

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honourable SRI JUSTICE NYAPATHY VIJAY

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CIVIL REVISION PETITIOM Mn2540 OF 2024

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Petition under Section 115 of C.P.C aggrieved by the Docket Order dated 23.12.2015 in EP No.76 of 2015 in Dispute No.116 of 2012 on the file of I Additional Senior Civil Judge, Visakhapatnam.

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Between:

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M/s.Shriram Chits Private Limited, Dwaraka Nagar Branch, Rep. by its General Manager, C.Venugopal Rao, S/o.Shiva Rao Himayat Nagar Hyderabad.

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...Revision Petitioner/Petitioner/Decree Holder

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AND

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Yellani Sankara Rao, S/o. Appa Rao, Aged about 45 years, R/o.

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D.No.49-16-4, Lalitha Nagar, Akkayyapalem Visakhapatnam District.

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Maruvada Kameswara Rao, S/o. Late Kameswara Rao, Aged about 50

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years, R/o.Flat No.4, FFLD Residency, Lalithanagar, Akkayyapalem,

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Visakhapatnam. Designation; Manager (Mechanic), CPF No.75174,

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HACA Bhavan, Ilf Floor, r Engineering Section, Food Corporation of

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India. Regional Office, Hyderabad-4.

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Bollu Kalidas, S/o.Suryanarayana Aged 53 years. R/o.D.No.45-48-6/8,

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Abidnagar, Akkayyapalem, Visakhapatnam. Office Address; Head

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Messenger, P.No.00339447, State Bank of India, Shantipuram Branch Visakhapatnam.

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Devapalli Venkata Rao, S/o.Appa Rao, Aged 52 years, MIG-92,

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D.No.55-23-4, H.B.Colony, Seethammadhara Visakhapatnam, Office

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Address: AE (OHSRC) Emp.No. 102972 Dept.No.0500, Visakha Steel

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Plant, Visakhapatnam District.

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...Respondents/Respondents/Judgment Debtors

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The General Manager (Finance), Food Corporation of India, Regional

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Office, Hyderabad-4.

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...Respondent/Garnishee for Judgment Debtor No.2

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The Branch Manager, State Bank of India, Santhipuram Branch, Visakhapatnam.

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...Respondent/Garnishee for Judgment Debtor No.3

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The General Manager (Finance), Visakhapatnam Steel Plant, Visakhapatnam.

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...Respondent/Garnishee for Judgment Debtor No.4

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Counsel for the Petitioner

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:SRI MAHESWARA RAO KUNCHAM

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Counsel for the Respondents

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:None appeared

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The Court made the following:

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APHC011427082016

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

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[3460]

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THURSDAY ,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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CIVIL REVISION PETITION NO:

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Between:

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M/s. Shriram Chits Private Limited

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...PETITIONER

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AND

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Yellani Sankara Rao And 6 Others

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...RESPONDENT

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Counsel for the Petitioner:

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MAHESWARA RAO KUNCHEAM

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Counsel for the Respondent:

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY yo CIVIL REVISION PETITION (SR> NO:

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ORDER:

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The present Civil Revision is filed against the Docket Order dated 23.12.2015 E.P.No. 76 of 2015 in Dispute No.^116of2012 passed by the I Additional Senior Civil Judge, Visakhapatnam.

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E.P.No.76 of 2015 was filed for recovery of the^{amountcovered} under Award dated 23.01.2015 passed by the Deputy Registrar^ofChits Visakhapatnam under Chit Funds Act, 1982. The Executing^{Courti.e.,the} I Additional Senior Civil Judge, Visakhapatnam, took an objection that the EP is not maintainable in light of the judgment of^this Court reported in Potlabathuni Srikanth v Shriram City Union Finance Limited, Mangalagiri Branch^ and dismissed the Execution Petition.^Hence,the present Civil Revision Petition.

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Heard Sri Kunchem Maheswara Rao, learned counsel for^the Petitioner.

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Learned counsel for the petitioner cited the judgment^ofthis Court in M/s Shriram Chits Private Limited, rep. by^{itsG.P.A.Holder}

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2016(2) ALD 10 (DB)

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and General Manager v B. Durgaprasad Rao and others^,^whichhad distinguished the Judgment relied upon by the Executing^Courtandheld that EP before the Senior Civil Judge is maintainable, In view of the above judgment, the order of the Executing Court is^{liabletobesetaside.}

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Accordingly, the Civil Revision Petition is allowed by setting aside the Order dated 23.12.2015 in E.P.No. 76 of 2015 in Dispute No. 116 of 2012 on the file of the I Additional Senior Civil Judge, Visakhapatnam. No order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall stand closed.

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2017 (1) alts (DB)

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SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To,