Allowed

P.Ramakrishna S/o. Pullaiah v. M/s. Shiram City Union Finance Ltd., Bhadrachalam

Telangana HC8 Feb 2013CRP/3622/2012

Case brief

AI extract

What is this about?

Single judge allowed civil revision petition challenging execution proceedings. Court set aside attachment order passed by Sub-Divisional Magistrate due to violation of Agency Rules regarding foreign decrees.

What did the court decide?

Order dated Nil.1.2012 passed by Sub-Divisional Magistrate in E.P.No.36 of 2012 set aside; decree holder permitted to seek execution following due procedure.

P.Ramakrishna S/o. Pullaiah Vs M/s. Shiram City… — Execution and Attachment | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION No.3622 of 2012

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DATE: 08.02.2013

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Between: P.Ramakrishna And another ... Petitioners And M/s. Shriram City Union Finance Ltd., Bhadrachalam Rep. By its Authorised Signatory & G.P.A. Holder V.Vasudeva Rao. … Respondent

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... Petitioners

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The Court made the following:

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HON’BLE SRI JUSTICE SANJAY KUMAR

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CIVIL REVISION PETITION No.3622 of 2012

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ORDER:

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This Civil Revision Petition arises out of the Order dated Nil.1.2012 passed by the Court of the Sub-Divisional Magistrate, Mobile Court, Bhadrachalam, in E.P.No.36 of 2012 in ARB No.86 of 2009.

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2. The respondents in the said E.P., being the judgment debtors, are the petitioners. The petitioner in the E.P., M/s. Shriram City Union Finance Limited, Bhadrachalam, being the decree holder, applied to the Court for attachment of the movables of the judgment debtors to the extent of Rs.3,73,013/- due to it under the Award passed in the Arbitration proceedings. Thereupon, the Court below directed attachment of the movable properties of the judgment debtors as detailed in the schedule annexed to the E.P. Aggrieved, the judgment debtors filed the present civil revision petition.

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3. This Court, by Order dated 14.08.2012, while issuing notice to the respondent/decree holder, granted interim suspension of the Order under revision.

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4. The proceedings in Arbitration Case No.86 of 2009 took place at Warangal and culminated in the Award dated 30.06.2011, whereby the respondents therein, the judgments debtors in the E.P., were held jointly and severally liable to pay a sum of Rs.2,76,639/- with interest to M/s. Shriram City Union Finance Limited, Bhadrachalam, the decree holder. As execution of this Arbitration Award was sought within the agency area of Bhadrachalam, the decree holder necessarily had to

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abide by the requirements of Rule 35 of the Andhra Pradesh Agency Rules, 1924. This Rule requires the decree passed by any Court outside the agency tracts to be forwarded by the said Court to the Agent to the State Government who would then cause such decree to be executed in the manner provided by the Rules for execution of a decree passed by him. Admittedly, this procedure was not followed before institution of the E.P. before the Court of the Sub-Divisional Magistrate, Mobile Court, Bhadrachalam. The Order dated Nil.1.2012 passed by the executing Court therefore suffers from an incurable statutory violation.

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5. The Civil Revision Petition is accordingly allowed setting aside the Order dated Nil.1.2012 passed by the Court of the Sub-Divisional Magistrate, Mobile Court, Bhadrachalam, in E.P.No.36 of 2012. This Order shall however not preclude the respondent herein, being the decree holder in the Arbitration Case No.86 of 2009 from seeking execution of the Award passed in the said case in accordance with the due procedure. No order as to costs.

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_________________ SANJAY KUMAR, J

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08^th February, 2013

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Siva/Bsb

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HON’BLE SRI JUSTICE SANJAY KUMAR

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CIVIL REVISION PETITION No.3622 of 2012

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08^th February, 2013

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Siva/Bsb

P.Ramakrishna S/o. Pullaiah v. M/s. Shiram City Union Finance Ltd., Bhadrachalam

Case brief

What is this about?

What did the court decide?

P.Ramakrishna S/o. Pullaiah v. M/s. Shiram City Union Finance Ltd., Bhadrachalam

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

Coram

Case details

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