THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
CIVIL REVISION PETITION No.698 of 2017
ORDER:
The sixth judgment debtor in EP.No.819 of 2016 on the file of the II Additional District Judge, L.B. Nagar, Ranga Reddy District, is the petitioner in this revision. The impugned order dated 20.01.2017 is passed by the Court below directing to issue fresh Rule 43 attachment against the EP schedule property with permission to break open the lock of the premises.
2. This Court, by order dated 10.02.2017, granted interim stay subject to the petitioner depositing 50% of the EP dues in E.P.No.819 of 2016 within a period of four weeks. It appears, subsequently, the petitioner filed an application for extension of time in CRPMP.No.2006 of 2017 and this Court, by order dated 21.04.2017, extended the time by six weeks to deposit the balance amount with a liberty to the respondent No.1 to withdraw the amount unconditionally.
3. Mr. M.K. Raj Kumar, learned counsel for the petitioner, submits that pursuant to the extension order, the balance amount was deposited and now his client is willing to deposit the remaining 50% of the amount, which works out to Rs.22,04,171/-. The learned counsel submits that there may be variation in the exact figure and he does not have ready instructions to confirm the figure. However, in view of the current pandemic situation, it is difficult for his client to mobilize funds and as such prays that his client be permitted to deposit the balance of the EP amount in four equal instalments.
4. Mr. Gopal, learned counsel, representing the counsel for the respondent No.1, submits that his client does not have any objection if 2 reasonable time is given to the petitioner to pay the balance of the EP amount.
5. In view of the above, the petitioner is directed to deposit the balance of the EP amount in four equal instalments as under:
First installment of Rs.5,50,000/- shall be deposited on 18.07.2021, the second installment of Rs.5,50,000/- shall be deposited on 18.08.2021; the third installment of Rs.5,50,000/- shall be deposited on 18.09.2021 and the fourth installment of Rs.5,54,171/- shall be deposited on 18.10.2021. However, it is made clear that if there is any variation in the figure quoted by the learned counsel, it is open for the parties to file a calculation memo before the Court below and the left over balance amount shall be deposited or adjusted in the final installment. As and when the installment amounts are deposited, the respondent/decree holder is given liberty to withdraw the same unconditionally.
The civil revision petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________ B. VIJAYSEN REDDY, J June 18, 2021 DSK