Revision against salary attachment warrant in execution of a chit arbitration award holding the guarantor jointly and severally liable. The court held no notice was required since the EP was filed within two years and upheld the warrant, but directed the executing court to decide pending applications within three weeks.
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.
13217 J
IN THE HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD
FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTYFIVE
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CIVIL REVISION PETITION NO:422OF2025
Petition under Article 227 ot the Constitutionof lndia aggrievedby the Order dated 12t}3t2024 in E.P.No. 65 of 2022 in ARB No. 166 of 2018 on the file of the Court of the PrincipalJunior CivilJudge,Nizamabad.
Between:
t Y. Shanker, S/o Gangaram, Aged about53 Years, Occ. Govt. Ernployee, R/o H. No.6-18-140, Old-NGOs Colony,Subashnagar, Nizamabad, T.S.
...PETITIONER/JDR No'2
AND
lA NO: 1 OF 2025
Petition under Section 151cPC prayingthat in the circumstancesstated in the affidavit filed insupport of the petition,the High court rnay be pleasedto stay all furtherproceedings in pursuance,of Form No. 19, Ordering to attach salary of thispetitioner vide order dated: 12-03-2024 passed by the Principal Junior Civil Judge, Nizamabadpassed in E.P.No. 65 of 2O22in ARBNo 166 of 2018 pending disposal of themain CRP
Counsel for the Petitioner:Sri T. p. Acharya
Counsel for the Respondents:-
The Court made the following:ORDER
THE 1{ONOURABLE SRIJUSTICE N. TUKARAMJI
C.R.P.No. 422 of 2025
ORDER
Heard Mr T P Acharya, learned counsel for re;vision petitioner.
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attachmentwarrant on 12.03.2024 Assailingthe attachmentwarrant' present revisionhas been filed.
thatnonoticetothejudgmentdebtorsisnecessaryinexecution,ifthe
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execution petitiol is filed within two years. Nonetheless, the Court may at its discrelion issue attachment warrsnt/process, evLrn rn thr,l case where issuance of shorv cause notice is required, if it finds unreas;onable delay or to mee,t the e nds of justice. Further, notice is required in the cases, where ther decree is sought to be executed against the as;signee, legal representirtive cr in the cases where the judgment debt,rr has been declared insolvent. Therefore, as the judgment debtor in ther instant case does not fall within these categories, issuance of attachrnent warrant , without nc,tice is terfectly justified under law
B. Be tlat as t may, having regard to the submission thar the revision petitioner had filerd two lnterim Applications before the exe,luting court and they are nct being considered, directing the execLtting Court to determine these apprications on their own merits at rhe earriest,
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preferably within three weeks fromthe date of receiptof a copy of this
order, is found appropriate and accordingly ordered.
costs.
As a sequel, miscellaneous app[cations,pending if any,shallstand i closed. ,,i
sd/- P. PADMANABHA dEDDY DEPUTY Rq/rS TRAR
//TRUECOPY//
SECTIONOFFICER
To,
'1 . The Principal Junior Civil Judge, Nizamabad
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HIGH COURI'
DATED: 0710212025
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ORDER
CRP.No.422 ctl2025
DISPOSING OF THE CRP
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2 issues framed by the court
Whether the executing court could issue a salary attachment warrant without notice to the judgment debtor where the execution petition was filed within two years of the award.
Whether the executing court should first decide the pending applications to set aside the ex-parte attachment order.
3 provisions across 2 enactments
Y. Shanker
M/s Shriram Chits Pvt. Ltd., Nizamabad-11 Branch
Shaik Siraj
W. Pandit
I. Nehru
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
