Civil Revision Petition filed to set aside execution order attaching petitioners' salaries. Bench found no illegality as petitioners were guarantors who failed to challenge award interest portion earlier. Petition dismissed.
Civil Revision Petition standing dismissed; consequential miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.No.4542 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.No. 4542 of 2017
and
C.M.P.No.21410 of 2017
.... Petitioners
Vs
.... Respondents
Prayer:- Civil Revision Petition is filed under Section 115 of Code of Civil Procedure, to set aside the fair and decretal order dated 20.09.2017 in E.P.No.8 of 2016 in ACP (SCUF)KM/117/2014 on the file of the Subordinate Judge, Gingee, Villupuram District.
1/5
For Petitioners : Mr.R.Rajarajan For R1 : No appearance For R2 to R4 : Given up
C.R.P.No.4542 of 2017
ORDER
This Civil Revision Petition has been filed to set aside the fair and
decretal order dated 20.09.2017 passed in E.P.No.8 of 2016 in ACP (SCUF)KM/117/2014 on the file of the Subordinate Judge, Gingee, Villupuram District, thereby ordered to attach the salary of the petitioners herein.
proceedings initiated by the first respondent herein. As per the Award dated 05.05.2014, the first respondent herein filed an Execution Petition as against all the respondents.
that the Execution Court ordered attachment of salary only as against the petitioners herein without attaching the salary and property owned by the original borrower viz., the second respondent herein. He further submitted that the first respondent did not take any action as against the principal 2/5
C.R.P.No.4542 of 2017
debtor and kept quite and indiscriminately chosen to take action as against the petitioners herein and attached the salary. He also submitted that the Arbitral Award itself is partly in-executable in view of the fact that the interest at the rate of 36% was granted till the realization of the award amount. The Arbitrator is being confined to award interest with respect to the future realization under Section 31 of the Arbitration and Conciliation Act. The interest at the rate of 36% per annum from the date of award to the date of realization is directly in contravention and violation of Section 31(7) (a) and (b) of the Arbitration and Conciliation Act.
3/5
C.R.P.No.4542 of 2017
cannot agitate the issue for the portion of the awarding interest. The Execution Court cannot go beyond to decree.
02.03.2023
Index:Yes/No Internet:Yes/No Lpp To The Subordinate Judge, Gingee, Villupuram District.
G.K.ILANTHIRAIYAN, J.
4/5
C.R.P.No.4542 of 2017
Lpp
C.R.P.No. 4542 of 2017 and C.M.P.No.21410 of 2017
02.03.2023
5/5
2 issues framed by the court
Whether the execution court acted illegally in attaching salary only of guarantor petitioners without attaching principal debtor.
Whether the execution court erred in enforcing interest portion of award at 36% against petitioners without quashing award.
2 provisions across 2 enactments
N.Arockiyadoss
G.Albert Arokiyaraj
Sriram City Union Finance Limited
P.Karthikeyan
D.Periyasami
P.Nandakumar
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
