Disposed¶35

M/s. Margadarsi Chit Fund Limited v. Mr. B.V. Malleswarea Rap

Andhra Pradesh HC5 Mar 2025CRP/3798/2009

Case brief

AI extract

What is this about?

Margadarsi Chit Fund Limited v. B. V. Malleswara Rao; C.R.P.No.3798 of 2009; High Court of Andhra Pradesh at Amaravati; Dr. V.R.K. Krupa Sagar, J.; decided 06.03.2025; execution of money decree in O.S.No.1737 of 2002; E.P.No.568 of 2008 before III Additional Junior Civil Judge, Guntur; Order 21 Rule 52 CPC; attachment of amounts in Civil Courts deposits; interest on deposited amounts; calculation memo; cheque petition; revision disposed with liberty; no costs.

What did the court decide?

Liberty granted to the revision petitioner to move the appropriate cheque petition annexed with appropriate calculations before the Executing Court; no order as to costs; miscellaneous petitions, if any pending, stand closed. ¶35

M/s. Margadarsi Chit Fund Limited Vs Mr. B.V. Malleswarea Rap — Andhra Pradesh HC (2025) — LawSathi Research

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Dr.VRKS, J C.R.P.No.3798 of 2009

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APHC010396652009

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3365]

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THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR

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CIVIL REVISION PETITION NO: 3798/2009

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Between:

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M/s. Margadarsi Chit Fund Limited

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...PETITIONER

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AND

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Mr B V Malleswarea Rap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.P DURGA PRASAD

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Counsel for the Respondent(S):

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The Court made the following:

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Dr.VRKS, J C.R.P.No.3798 of 2009

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ORDER:

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Today when the matter is coming up for hearing, Sri K. M. R. Bala Prasad, learned counsel representing on behalf of Sri P. Durga Prasad, learned counsel for the revision petitioner on record is present.

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As one would notice, there are five (5) judgment debtors but the execution was levied only as against the J.Dr No.1 i.e., Mr. B. V. Malleswara Rao. As could seen from the record, notice was served on him long time back. But there is no representation on behalf.

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Mrs. Margadarsi Chit Fund Limited, obtained a money decree dated 04.11.2008, in O.S.No.1737 of 2002. Since the fruits of the decree could not be realized in full measure, it had to resort to execution and in the process it filed E.P.No.568 of 2008 on the file of the III Additional Junior Civil Judge, Guntur, with a prayer under Order 21 Rule 52 of C.P.C., requesting the Court to attach the amounts lying in the Civil Courts deposits.

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The following order in paragraph No.9 of the Executing Court makes the matter clear here under as follows:

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“9. On perusing the calculation made by the Decree Holder, it is clear that the Decree Holder is claiming interest on the amount which are lying in the civil courts deposits, which he is not entitled. Further, this Court find no reason for asking attachment of amount lying in the civil court deposit in the same suit by the Decree Holder. The Decree Holder by filing

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Dr.VRKS, J C.R.P.No.3798 of 2009

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a correct calculation memo and can file a cheque petition for the amount actually due to him.”

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Learned counsel for the revision petitioner submits that he will verify

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and file a necessary memo with appropriate calculations before the Court below.

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In the result, the Civil Revision Petition is disposed of, granting liberty to the revision petitioner to move the appropriate cheque petition annexed with appropriate calculations before the Executing Court. There shall be no order as to costs.

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

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________________________ Dr. V.R.K.KRUPA SAGAR, J

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Date.06.03.2025 CVD

M/s. Margadarsi Chit Fund Limited v. Mr. B.V. Malleswarea Rap

Case brief

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What did the court decide?

M/s. Margadarsi Chit Fund Limited v. Mr. B.V. Malleswarea Rap

Case brief

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What the court decided

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