Judgment debtor challenged an attachment warrant of movables/salary issued in execution of an arbitral award, contending no order against him existed. The court found no impugned order and held he should have approached the Executing Court; petition dismissed with costs for stalling execution for seven years.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 847 OF 2016 (GM-CPC)
BETWEEN:
…PETITIONER
(BY SRI. ASHUTOSH K L FOR SRI. M S VENUGOPAL .,ADVOCATES)
AND:
Digitally signed by PAVITHRA N Location: high court of karnataka
NC: 2024:KHC:4761 WP No. 847 of 2016
S/O ANJANEYALU NO.113, 2ND CROSS 4TH MAIN, TSF BANGALORE - 560 094
…RESPONDENTS
(BY SRI. N RAJA RAJESWARI FOR R1 .,ADVOCATE V/O DATED 10.01.2024-PETITION AGSINT R3 AND 4 DISMISSED V/O DATED 10.01.2024-NOTICE TO R2-HELD SUFFICIENT)
THIS WRIT PETITION FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ATTACHMENT OF WARRANT OF MOVABLES DATED 24.11.2015 ISSUED BY THE 25TH ADDITIONAL CITY CIVIL JUDGE, BANGALORE IN EX.P.NO.2214/2011 VIDE ANNEXURE-E. DIERCT THE COURT BELOW PROCEED AGAINST THE PETITIONER ONLY IF IT IS SHOWN TO THE COURT THAT THE EXECUTION OF THE DECREE AGAINST THE BORROWER HAS BECOME IMPOSSIBLE AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B-GROUP THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
Judgment debtor No.2 in Ex.P.No.2214 of 2011 on the file of learned XXV Additional City Civil Judge, Bangalore (CCH-18), is impugning the order dated 24.11.2015, issuing attachment warrant of movables as per Annexure-E.
NC: 2024:KHC:4761 WP No. 847 of 2016
NC: 2024:KHC:4761 WP No. 847 of 2016
against him, in spite of there being no specific order to that effect. His only contention is that when the attachment of movables belonging to judgment debtor No.1 was issued, there was no justification for the Executing Court to issue warrant attaching the salary of judgment debtor No.2. The best thing that could have been done by the petitioner is to bring to the notice of Executing Court for the purpose of withdrawing the warrant if the contention taken by the petitioner that there was no such order by the Court is correct. On the other hand, petition was filed before this Court on 06.01.2016 and he is successful in getting stay against the attachment warrant. Since from 15.07.2022, the interim order of stay was never extended, but learned counsel for the petitioner submits that execution case is still pending as the writ petition pending before this Court. Thereby, the petitioner is successful in stalling the execution before the Trial Court for no valid reasons. There is no order which is impugned by the petitioner before this Court. There is absolutely no valid reason for the petitioner to rush to this Court. Hence, he is directed to go before the Executing Court and bring it to the notice any irregularities and to get necessary order. I do not find any
NC: 2024:KHC:4761 WP No. 847 of 2016
reason to entertain the petition. However, since the petitioner has unnecessarily approached this Court and stalled the execution proceedings for about seven years, the petition is liable to be dismissed with cost.
ORDER
The writ petition is dismissed with a cost of Rs.10,000/-
to be paid to the decree holder within seven days from today, failing which, the decree holder is entitled to recover the same as part of the award amount.
Sd/JUDGE
SPV List No.: 1 Sl No.: 3
1 issue framed by the court
Whether a writ petition under Article 227 could lie against an attachment warrant issued in execution when the petitioner admitted no specific order attaching his salary existed.
1 provisions across 1 enactments
Sri C Raje Gowda @ Raju
M/s Kapil Chits (K) Pvt Ltd
Sri Pramod Vernekar B S
Sri B R Sharath
Sri A Prashanth
M G Uma
As recorded by the court registry
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