Karnataka High Court
M/S Shetty Constructions Co. Pvt. Ltd vs The Executive Engineer on 28 June, 2024
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NC: 2024:KHC-D:8842
RP No. 100068 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REVIEW PETITION NO. 100068 OF 2023
IN
CIVIL REVISION PETITION NO. 100064 OF 2020
BETWEEN:
M/S SHETTY CONSTRUCTIONS CO. PVT. LTD.,
HUBLI NOW ADARSH NAGAR,
HUBLI-58009.
R/BY DIRECTOR PRASANNA SHETTY
...PETITIONER
(BY SRI V.M.SHEELVANT, VINAY S. KOUJALAGI,
SRI M.L.VANTI AND SRI ROHIT S. SHEELVANT, ADVOCATES)
AND:
1. THE EXECUTIVE ENGINEER
KNNL GRBC DV NO. 5,
Digitally signed
LOKAPUR CAMP, KOUJALAGI
by SAROJA
HANGARAKI DIST: BELAGAVI-591227.
Location: HIGH
COURT OF 2. KARNATAKA NEERAVARI NIGAM LTD.
KARNATAKA REG. OFFICE BENGALURU
DHARWAD R/BY MANAGING DIRECTOR
BENCH BENGALURU-560001.
DHARWAD ...RESPONDENTS
(BY SRI S.M.TONNE, ADVOCATE FOR R1 AND R2)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER
03.08.2023 PASSED BY THIS HON'BLE COURT IN CRP
NO.100064/2020 DIRECTING THE EXECUTING COURT TO DISBURSE
THE AMOUNT DUE TO THE DECREE HOLDER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:8842
RP No. 100068 of 2023
ORDER
1. This present petition is filed seeking to review the order dated 3.8.2023 passed in CRP.No.100064/2020.
2. It is the contention of the learned counsel for the review petitioner that this Court having upheld the order dated 17.2.2020, passed on I.A.No.3 in E.P.No.67/2018 with regard to finding that the execution petition is within time, ought to have directed the executing Court to release the amount in terms of the order dated 17.2.2020.
3. The said contention is ex-facie untenable and liable to be rejected in as much as, this Court specifically at paragraph No.11 of it's order dated 3.8.2023 has noticed the contention of the respondent herein who is the judgment debtor in the execution proceedings, wherein it was noticed that the executing Court has proceeded to disburse the amount without considering the objections of the judgment debtor. Hence, this Court, set aside the direction passed by the executing Court to disburse the amount in favour of the decree holder and permitted the executing Court to proceed further in -3- NC: 2024:KHC-D:8842 RP No. 100068 of 2023 the execution proceedings, in accordance with law after considering the objections of the judgement debtors.
4. In view of the aforementioned, the review petitioner has miserably failed in demonstrating that the impugned order dated 3.8.2023 is liable to be reviewed.
5. Hence, the present petition is dismissed as devoid of the merit.
Sd/-
JUDGE VB CT:GSM List No.: 1 Sl No.: 44