Writ petition for quashing an order attaching movable property and terminating execution proceedings was disposed of as not calling for adjudication, pending refund amount consideration.
Writ petition disposed off as not calling for any further adjudication.
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WP No. 19043 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 19043 OF 2022 (GM-CPC)
BETWEEN:
…PETITIONERS
Digitally signed by VIJAYA P Location: High Court of Karnataka
(BY SMT.KAVITHA S.N, ADVOCATE FOR SRI. PRAKASHA ANGADI B V, ADVOCATE)
AND:
…RESPONDENT
(BY SRI. SHIVA KUMAR H, ADVOCATE)
WP No. 19043 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 08.09.2022 PASSED BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN EXECUTION PETITION NO.39/2022, WHICH IS PRODUCED AT ANNEXURE-F AND QUASH THE SAME.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present petition has been filed seeking for setting aside of the order dated 08.09.2022 passed by the Executing Court in Execution Petition No.39/2022.
debtors that the Executing Court during the pendency of the execution proceedings had passed an order of attachment of movable property of the judgment debtors. The judgment debtors had filed an application to recall the order of 08.09.2022 which came to be rejected by order dated 13.09.2022. The learned District and Sessions Judge while refusing to entertain the application to recall the order of attachment has observed that there was no document produced to evidence the challenge to the
arbitration award nor have the judgment debtors established deposit of Rs.4 crores. By virtue of the said order rejecting to recall order of attachment, the order of attachment has continued and accordingly, the present petition has been filed.
WP No. 19043 of 2022
In light of the above, the writ petition is disposed
off .
Sd/JUDGE
VP
National Highway Authority of India Projet Implementation Unit
Sri C Pramod
S Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
