Petitioner challenged attachment of movables in an execution petition arising from a chit award he never appealed despite notice. The court held the efficacious remedy was to appeal the award and dismissed the writ petition.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH WRIT PETITION NO. 104219 OF 2024 (GM-CFA)
BETWEEN:
ANAND S/O. APPA MALI, AGE: 41 YEARS, OCC: BUSINESS, R/O. H. NO.406, HIREKUDI CHOWK, A/P. KANAGALA, TQ: HUKKERI, DIST: BELAGAVI-591225.
…PETITIONER
(BY SRI. SACHCHIDANAND BABAJI PATIL P., ADVOCATE)
AND:
GIRIJA A BYAHATTI Location: HIGH COURT OF KARANTAKA DHARWAD BENCH
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1; SRI. SHIVARAJ S. BALLOLI, ADV. FOR R2; NOTICE NOT ORDERED TO R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT IN THE LIKE NATURE AND QUASH THE IMPUGNED AWARD DATED 29/04/2022 IN DRL/G/NML/DIS/01/BGM/2021-22 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-C AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
This matter is listed for non-compliance of office objections.
The present petition is filed before this Court challenging the order passed in E.P.No.70/2023 for issuance of attachment of movables of judgment debtors dated 31.05.2024.
The counsel appearing for the petitioner would contend that no notice has been served on him while passing an award and he does not dispute the fact that cause notice was served on him in Execution Petition.
Unless the award has been challenged before the Appellate Authority, question of entertaining the Execution Petition does not arise since the cause notice was served and did not comply with the award. Hence, the order was passed for attachment of movables and the same is also in accordance with law. Hence, the question of challenging the issuance of order for attachment of movables does not arise unless the efficacious remedy available to the petitioner to file an appeal against the award is exhausted. No ground is made out to quash the order of issuance of attachment of movables as sought in the petition. Hence,
the writ petition is dismissed.
Sd/(H.P.SANDESH) JUDGE
NAA CT-MCK List No.: 1 Sl No.: 12
1 issue framed by the court
Can a writ petitioner challenge an execution attachment order without first exhausting the appellate remedy against the underlying award?
1 provisions across 1 enactments
Anand S/O. Appa Mali
The Deputy Registrar of Chits and Deputy Registrar of Co-operatives, Belagavi
Patson Chits Limited, Belagavi
Sri. Mahantesh S/o Sadashiv Khade
Sri. Santosh S/o Shankar Magadum
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
