Mr M T Lakshminarayan Vs M/S Margadarsi Chits (K) Pvt. Ltd.

M/S MARGADARSI CHITS (K) PVT LTD (A COMPANY REGD. UNDER COMPANIES ACT) SITE NO 287, 2^ND FLOOR, 100 FEET ROAD ABOVE TANISHQ JEWELLERS BANASHANKARI, 3^RD STAGE, 4TH PHASE 7^TH BLOCK, BANGALORE-560 085 REPRESENTED BY ITS FOR MEN / MANAGER

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MR. K. RAMESH S/O ANAND PARTNER AGED MAJOR M/S PEARL INDIA ASSOCIATES NO 30, 24^TH A CROSS, 15^TH MAIN KARENSANDRA, B.S.K 2^ND STAGE BANGALORE-560070

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NC: 2026:KHC:9864 WP No. 17447 of 2022

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HC-KAR

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MR S MAYANNA S/O SIDDEGOWDA AGED MAJOR NO 745, 18^TH CROSS 15^TH MAIN, BSK 2^ND STAGE BANGALORE-560085

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MR R JOHN PRABHU S/O P RAMACHANDRAN MAJOR TECHNICIAN 1 SOUTH WESTERN RAILWAY TRACKMACHINE, ZONAL BASE DEPOT YESHWANTHPURA, BANGALORE-560022 ALSO AT:NO 177/B, RAILWAY QUARTERS YESHWANTHPUR BANGALORE-560 022

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MR.ALLABAKSH S/O S ZAKRUDDIN AGED MAJOR TECHNICIAN-3 SOUTH WESTERN RAILWAY TRACK MACHINE CARE CENTRE YESHWANTHPUR BENGALURU-560022 ALSO AT: NO.74, RAILWAY QUARTERS YESHWANTHPUR BENGALURU-560022

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MANCHAIAH S/O GIRIYAPPA AGED MAJOR SINGLE WINDOW OPERATOR-B CORPORATION BANK SUBBAIAH CIRCLE

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NC: 2026:KHC:9864 WP No. 17447 of 2022

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HC-KAR

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MISSION ROAD BENGALURU-560027

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…RESPONDENTS

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(BY SRI. JAYAKUMARA P.P, ADVOCATE FOR R1, VIDE ORDER DATED 23.09.2022, NOTICE TO R2 TO R6 ARE DISPENSED WITH)

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THIS WP IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 21.04.2022 PASSED BY THE LEARNED XXVII CITY CIVIL JUDGE AT BANGALORE (CCH-9) IN EX.NO.1930/2021 AS PER ANNEXURE-A.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL ORDER

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This Court had on 16.02.2026 passed the following

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directions:

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1. The present petition seeks to challenge an order dated 21.04.2022, passed by the learned XXVII Additional City Civil Judge, Bengaluru, in Ex.No.1930/2021 [hereinafter referred to as the “Impugned Order”]. By the Impugned Order, an application under Order XXI, Rule 48 of the Code of Civil Procedure, 1908, has been allowed, attaching the salary of the petitioner/Judgment Debtor No.3.

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2. The learned counsel for the petitioner/Judgment Debtor No.3 submits that an Award was passed by the Deputy Registrar of Chit Funds, 3^rd Zone, Malleshwaram, Bangalore, in a proceeding initiated under the Chit Funds Act, 1982. In terms of the said Award, recovery in a sum of ₹9,03,157/- along with interest at 24% has been directed.

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NC: 2026:KHC:9864 WP No. 17447 of 2022

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3. The learned counsel for the petitioner/Judgment Debtor No.3 submits that the petitioner/Judgment Debtor No.3 and respondent Nos. 3 to 6 have stood as guarantors for respondent No.2 and executed requisite pro-notes and other documents. He further submits that the respondent No.1/ Decree Holder is not taking steps to recover the amounts from the principal borrower and is only pursuing steps against the guarantors i.e. the petitioner/Judgment Debtor No.3 and respondent Nos. 3 to 6. He submits that the liability of the guarantor/s will only arise when the respondent No.1/decree holder is unable to recover proceeds from the principal borrower/Principal Judgment Debtor and that no notice has yet been issued to the respondent No.2/Principal Judgment Debtor, by the learned Trial Court.

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4. The learned counsel for the petitioner/Judgment Debtor No.3 requests for time to place on record the order sheet of the learned Trial Court.

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5. The learned counsel for the respondent No.1/decree holder requests for an adjournment, since the arguing counsel is out of station.”

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Learned counsel for Respondent No.1/Decree Holder appears today and submits that the Respondent No.1/Decree Holder has taken steps against all the Judgment Debtors and that all Judgment Debtors are jointly and severally liable in terms of the decree. He however submits that since the principal borrower/ Judgment Debtor No.1 is absconding and despite multiple attempts to service, notice has been issued to the

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NC: 2026:KHC:9864 WP No. 17447 of 2022

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HC-KAR

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petitioner and other Judgment Debtors as garnishees by the learned Trial Court.

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Learned counsel for the petitioner submits that Judgment Debtor-1/respondent No.2 is not absconding. He is well aware of his address and the location of his residence and that he is residing in Bengaluru. He further submits that he is willing to file an affidavit setting out correct address of Judgment Debtor No.1 before the learned Trial Court.

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The learned counsel for Respondent No.1/Decree Holder submits on instructions that he would make one final attempt to serve him once the affidavit is filed.

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In view of consensus between the parties, Writ Petition is disposed of, directing the petitioner to file an affidavit within a week from today setting out all details of Judgment Debtor-1 before the learned Trial Court. The Decree Holder is at liberty to take the assistance of petitioner for effecting service to Judgment Debtor-1 as

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NC: 2026:KHC:9864 WP No. 17447 of 2022

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well. In the event the Decree Holder is unable to serve Judgment Debtor-1 on the new address made available, the learned Trial Court shall proceed in the matter in accordance with law.

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The writ petition is disposed of in the aforegoing

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terms. All pending applications stand closed.

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Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Sd/(TARA VITASTA GANJU) JUDGE

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SNB/BMV*

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List No.: 2 Sl No.: 8

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Mr M T Lakshminarayan v. M/S Margadarsi Chits (K) Pvt. Ltd.

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Mr M T Lakshminarayan v. M/S Margadarsi Chits (K) Pvt. Ltd.

Case brief

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