Allowed

P.Dayakar Reddy v. M/s. Shriram Chits Limited, Venkatagiri Branch

Telangana HC4 Jun 2012CRP/1359/2012

Case brief

AI extract

What is this about?

The High Court set aside an order attaching 1/3rd salary of a surety, directing the petitioner to pay Rs.5,000 monthly for six months instead, allowing recovery of the remainder from the principal debtor and another surety.

What did the court decide?

The attachment order was set aside; petitioner directed to pay Rs.5,000 monthly for six months starting July 2012; remaining dues to be recovered from principal debtor and other surety.

P.Dayakar Reddy Vs M/s. Shriram Chits Limited… — Execution and Attachment | Telangana HC (2012)

¶1

THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CIVIL REVISION PETITION No.1359 of 2012

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ORDER :

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Petitioner-J.Dr.No.3 filed the present Civil Revision Petition being aggrieved over the order dated 09.02.2012 passed in E.P.No.127 of 2010 in O.S.No.276 of 2005 by the Junior Civil Judge, Venkatagiri, SPSR Nellore District.

¶5

By the impugned order, the learned Judge ordered attachment of 1/3^rd salary of the petitioner till realization of Rs.1,16,544/- due to the first respondent herein by virtue of the order and decree passed in O.S.No.276 of 2005. Challenging the same, present revision has been preferred.

¶6

It is not in dispute that the petitioner herein also stood as surety when the principal debtor availed loan from the first respondent herein. The Executing Court also passed an order for recovery of the decretal amount against the present petitioner as well as the principal debtor and other sureties and ordered deduction of 1/3^rd salary of the petitioner herein.

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Learned counsel for the petitioner contended that when the principal debtor is in a position to pay the entire decretal amount, there is no necessity for attaching the salary of the petitioner. It is further submitted that the trial Court passed the order without ordering notice to the petitioner herein.

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Heard rival contentions.

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By setting aside the impugned order, the present Civil Revision Petition is disposed of with the following directions:

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1) petitioner herein shall pay a sum of Rs.5,000/- every month on or before 10^th for a period of six months commencing from the month of July, 2012,

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2) first respondent herein is at liberty to recover the remaining decretal amount from the principal debtor as well as the another surety, and

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3) if the petitioner fails to pay the amounts as ordered by this Court, the first respondent is at liberty to proceed against the petitioner in accordance with law.

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There shall be no order as to costs.

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Miscellaneous petitions filed in this revision, if any, shall stand closed.

¶15

________________________ JUSTICE RAJA ELANGO

¶16

Dated 4^th June, 2012 sur

P.Dayakar Reddy v. M/s. Shriram Chits Limited, Venkatagiri Branch

Case brief

What is this about?

What did the court decide?

P.Dayakar Reddy v. M/s. Shriram Chits Limited, Venkatagiri Branch

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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