Partly allowed

Union of India v. Shri. Mohan Babu

Karnataka HC6 Nov 2023WP/106181/2023

Case brief

AI extract

What is this about?

The High Court set aside an attachment order in an execution petition. The Court directed payment of a fixed sum to the respondent and mandated both parties to submit calculation memos to the Execution Court to resolve the dispute on quantified liability before a final decision.

What did the court decide?

Impugned attachment order set aside; Petitioners to pay Rs. 49,58,081/- to respondent by next date; Parties to file payment memos; Execution Court to decide finally.

Union of India Vs Shri. Mohan Babu — Execution and Attachment | Karnataka HC (2023)

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NC: 2023:KHC-D:12916 WP No. 106181 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 106181 OF 2023 (GM-CPC)

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BETWEEN:

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UNION OF INDIA, REPRESENTED BY

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THE GENERAL MANAGER, SOUTH WESTERN RAILWAYS, GADAG ROAD, HUBBALLI-580 023.

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THE DIVISIONAL RAILWAY MANAGER, HUBLI DIVISION, SOUTH WESTERN RAILWAYS, HUBBALLI-580 023.

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THE SENIOR DIVISIONAL ENGINEER (WEST), HUBLI DIVISION, SOUTH WESTERN RAILWAYS, HUBBALLI-580 023.

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…PETITIONERS

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(BY SRI SHIVARAJ S. BALLOLI, ADVOCATE)

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ROHAN HADIMANI T Digitally signed by ROHAN HADIMANI T

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AND:

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SHRI MOHAN BABU, 1/P, OILEMOL, RAMANATH COLONY, SSAO JOSE DE AREAL (V.P), SALCETE, GOA-403 709.

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…RESPONDENT

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(BY SRI S. VASUDEVA NAIDU, ADV. FOR SRI HANUMESH DESAI, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 22/08/2023 PASSED BY THE LEARNED V ADDITIONAL DISTRICT AND SESSION JUDGE, DHARWAD, SITTING AT HUBBALLI IN COM.EX.P.NO.5016/2022 VIDE ANNEXURE-A.

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2 - NC: 2023:KHC-D:12916 WP No. 106181 of 2023

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners have suffered arbitral award and they have to make certain payments to the respondent. The petitioners have further challenged the said award before the District Court which is pending. No interim orders have been passed in favour of the petitioners. Hence, the respondent preferred an execution petition to have the award enforced. The petitioners are said to have made certain payments as per the award, but not complete payment. The Execution Court based on the award passed, has come to the conclusion that the petitioners are liable to pay to the respondent a sum of Rs.1,47,51,954/- and has issued an attachment warrant. Aggrieved by the same, the petitioners are before this Court by way of filing the instant writ petition.

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The case of the petitioners is that, as per the award, they are not liable to pay the sums as determined by the Execution Court but on the contrary, only a sum of

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3 - NC: 2023:KHC-D:12916 WP No. 106181 of 2023

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Rs.49,58,081/- is required to be paid to the respondent

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and prays for setting aside the order of attachment.

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The advocate for the respondent justifies the

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order passed by the Execution Court and prays for dismissal of the writ petition.

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However, in course of arguments, both the advocates for the petitioners and the respondent in unison submitted that, they will file their memo of calculation before the Execution Court and the Execution Court may be directed to decide the matter after reconciling the payment made by the petitioners to the respondent by the next date of hearing before the Execution Court. Hence, the following:

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ORDER

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(i) The impugned order of attachment passed in COM.Execution Case No.5016/2022 dated 22.08.2023, is hereby set aside.

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4 - NC: 2023:KHC-D:12916 WP No. 106181 of 2023

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(ii) The petitioners shall pay a sum of Rs.49,58,081/to the respondent on or before the next date of hearing before the Execution Court.

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(iii) Both the petitioners and the respondent shall file memo of calculation before the Execution Court along with all particulars of payment made and received by the next date of hearing before the Execution Court.

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(iv) The Execution Court shall decide the matter in accordance with law and pass appropriate orders as required.

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The writ petition is disposed off accordingly.

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Sd/JUDGE

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List No.: 1 Sl No.: 10

Union of India v. Shri. Mohan Babu

Case brief

What is this about?

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Union of India v. Shri. Mohan Babu

Case brief

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