Dismissed

Pilli Kishan v. M/S Shriram City Union Finance Ltd.

Telangana HC14 Mar 2019CRP/607/2019

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What is this about?

The High Court dismissed a Civil Revision Petition challenging an order attaching the petitioner's salary as a guarantor. The Court applied the principle that a decree holder may execute a decree against a guarantor without proceeding against the principal debtor first.

What did the court decide?

The Civil Revision Petition was dismissed; the impugned order dated 11-02-2019 was upheld.

Pilli Kishan Vs M/S Shriram City Union Finance Ltd. — Execution and Attachment | Telangana HC (2019)

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High Court for the State of Telangana

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The Hon'ble Sri Justice Raghvendra Singh Chauhan

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and

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The Hon’ble Sri Justice T.Amarnath Goud C.R.P. No.607 of 2019

Date: 14-03-2019

Between:

Pilli Kishan

…Petitioner

and

M/s.Shriram City Union Finance Ltd., Adilabad Branch, rep. by its Authorised Signatory And Power of Attorney Holder and 2 others

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…Respondents
Counsel for the petitioner: Mr. R. Mangulal
Counsel for the respondents: None present

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The Court made the following:

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RSC, J & TA, J C.R.P.No.607 of 2019 Dt: 14-03-2019

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Order: (per Hon’ble Sri Justice T. Amarnath Goud)

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This Civil Revision Petition arises out of order dated 11-02-2019 in EP.No.178 of 2018 in Arbitration Case No.524 of 2015 on the file of the Principal District Judge, Adilabad.

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The petitioner contends that he has not taken any loan from the respondent No.1, decree holder; that he stood as a guarantor to the loan availed by the principal judgment debtor (respondent No.2), Annelwar Murali Raju; and that his salary alone is sought to be attached for realization of the EP amount without proceeding against the principal judgment debtor (respondent No.2).

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In State Bank of India v. M/s. Indexport Registered and others¹ , this Court held that the decree holder can execute the decree against the guarantor without proceeding against the principal borrower, and that there is nothing in law, which provides that a composite decree should be first executed only against the principal debtor.

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In view of the above settled legal principle, we do not find any ground to interfere with the order under revision.

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Hence, the Civil Revision Petition is dismissed.

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1 ( 1992 ) 3 SCC 159

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RSC, J & TA, J C.R.P.No.607 of 2019 Dt: 14-03-2019

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As a sequel, Miscellaneous Petitions, pending if any,

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stand disposed of as infructuous.

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___________________________ (Raghvendra Singh Chauhan, J)

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___________________ (T.Amarnath Goud, J)

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Dt: 14^th March, 2019 lur

Pilli Kishan v. M/S Shriram City Union Finance Ltd.

Case brief

What is this about?

What did the court decide?

Pilli Kishan v. M/S Shriram City Union Finance Ltd.

Case brief

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What did the court decide?

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