Mr John Michal Vs Manappuram Chits Karnataka Pvt. Ltd.

AGED ABOUT 44 YEARS, S/O R. KIRUBA KARAN, RESIDING AT NO.573, 15^TH CROSS, 5^TH MAIN ROAD, HIG, BEHIND SCIENTIFIC NURSERY, DOLLARS COLONY, R.M.V. EXTENSION 2^ND STAGE, BENGALURU – 560 094.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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MR.R.K.CHRISTOPHER BABU, AGED ABOUT 47 YEARS, S/O R. KIRUBA KARAN, RESIDING AT NO.573,

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15^TH CROSS, 5^TH MAIN ROAD, HIG, BEHIND SCIENTIFIC NURSERY, DOLLARS COLONY, R.M.V. EXTENSION 2^ND STAGE, BENGALURU – 560 094.

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MR.R.JAGADEESH AGED ABOUT 45 YEARS, S/O G. RAMADASS NAIDU, RESIDING AT NO.1760/B, 1^ST FLOOR, 1^ST B MAIN ROAD, RAJAJINAGAR 2^ND PHASE, RAJAJINAGAR,

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HC-KAR

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BENGALURU – 560 010.

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MR. GARRY IMMANUEL AGED ABOUT 37 YEARS, S/O MICHAEL, RESIDING AT NO.2, 1^ST FLOOR, 1^ST CROSS, KANNURAMMA TEMPLE ROAD, LOTTEGOLLAHALLI, DEVINAGAR, RMV EXTENSION 2^ND STAGE, BENGALURU – 560 094.

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MRS. A. LOURIAKABALINA W/O CHRISTOPHER BABU MAJOR RESIDING AT NO. 573, 15^TH CROSS, 5^TH MAIN ROAD, HIG, BEHIND SCIENTIFIC NURSERY, DOLLARS COLONY, R.M.V. EXTENSION 2^ND STAGE, BENGALURU – 560 094.

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…PETITIONERS

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(BY MISS.CHITHARA, ADVOCATE FOR SRI T.A.KARUMBAIAH, ADVOCATE)

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AND:

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MANAPPURAM CHITS (KARNATAKA) PVT. LTD., (CONDUCTING AS PER THE PROVISION OF CHIT FUND ACT 1982) HAVING ITS REGISTERED OFFICE AT: OLD NO.1586, NEW NO.44, 2^ND FLOOR, EAST END MAIN ROAD, NEAR SHRIRAMAMANDIRA, 9^TH BLOCK, JAYANAGAR, BENGALURU – 560 069.

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HC-KAR

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BY ITS SENIOR MANAGER.

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…RESPONDENT

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(BY SRI B.S.MAHENDRA, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EXECUTION PETITION NO.414 OF 2022 PENDING ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU AND QUASH THE ORDER DATED 31/01/2023 PASSED BY THE XII ADDL. CITY CIVIL AND SESSION JUDGE BANGALORE IN EXECUTION PETITION NO.414 OF 2022 PRODUCED AS ANNEXURE-A.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioners – judgment debtors are before this Court calling in question an order dated 31.01.2023 passed by the XII Additional City Civil and Sessions Judge, Bengaluru, in Ex.P.No.414/2022, whereby, attachment warrant of movables is issued against the petitioners.

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Heard Miss Chithara, learned counsel for Sri T.A.Karumbaiah, learned counsel for petitioners and Sri B.S.Mahendra, learned counsel for respondent.

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The petitioners are said to be the judgment debtors.

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They avail the benefit of certain chits from Manappuram Chits

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HC-KAR

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(Karnataka) Private Limited, the respondent - decree holder.

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On the default in payment and dispute between the two, it was arbitrated and an arbitral award is passed. The arbitral award would indicate the balance amount that is to be paid as on 30.09.2021 is ₹3,42,040/-, with future interest at 18% per annum from 11.02.2022 till the date of realisation. The award reads as follows:

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The petitioners - judgment debtors in Ex.P.No.414/2022

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have produced a memo of calculation. According to the learned counsel for the petitioners, the petitioners have already paid

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HC-KAR

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₹10,00,000/- and there is nothing remaining to be paid, in the execution. Notwithstanding the memo of calculation, the concerned Court issues the impugned attachment warrant, which has driven the petitioners to this Court in the subject petition.

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Learned counsel appearing for the petitioners would vehemently contend that there is nothing to be paid as the memo of calculation was filed before the concerned Court and the concerned Court without even looking into it, has issued the attachment warrant. The memo of calculation filed by the petitioners – judgment debtors reads as follows:

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HC-KAR

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HC-KAR

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Learned counsel appearing for the respondent would now submit that the concerned Court be directed to consider the memo of calculation and also pass necessary orders in accordance with law, to which, learned counsel for the petitioners would submit that, if such an order would be passed, it would suffice for the present.

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In the light of the aforesaid submissions, the concerned Court shall now consider the memo of calculation that is filed before it by the judgment debtors, and then arrive at a conclusion, whether the amount was completely paid or otherwise. Therefore, I deem it appropriate to pass the following:

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ORDER

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