B.Jaya Shankar vs M/S. Margadarsi Chit Fund Pvt. Ltd

Telangana High Court

B.Jaya Shankar vs M/S. Margadarsi Chit Fund Pvt. Ltd on 4 November, 2022

Bench: P Naveen Rao

        HONOURABLE SRI JUSTICE P.NAVEEN RAO

       CIVIL REVISION PETITION NO.2032 OF 2022

                     Date: 04.11.2022


Between:

B.Jaya Shankar, s/o. B.Sundaraya,
Aged 54 years, occu:Govt.Employee,
r/o.13-146, Sai Ram Colony, Phase-2,
Nadargul, Hyderabad

                                                .....Petitioner
     and

M/s.Margadarsi Chit Fund Pvt.Ltd.,
Rep.by its Foreman/Branch Manager,
Mr.S.Adinarayana Rao s/o.Brahmanandham,
Aged about 50 years, r/o.1-11-210 & 211,
Flat No.305, Ali Rich Apartments, Begumpet,
Gurumurthy Lane, Hyderabad and others.

                                              .....Respondents




The Court made the following:
                                  2


          HONOURABLE SRI JUSTICE P.NAVEEN RAO

         CIVIL REVISION PETITION NO.2032 OF 2022

ORDER:

Award was passed by the Arbitrator in ARB/CF/No.485 of 2014 on 27.02.2015. Seeking enforcement of the said award, E.P.No.51 of 2020 was filed in the Court of IV Senior Civil Judge, City Civil Court at Hyderabad. As amount was not yet recovered, the Decree-holder filed E.A.No.36 of 2021 in E.P.No.51 of 2020. By order dated 21.01.2022, trial Court directed the Garnishee to remit the amount of Rs.5,15,540/- to the credit of E.P. Account, which was withheld by the Accounts Officer as per the earlier orders of the Court in E.A.No.36 of 2021. Challenging the same, this revision petition is filed.

2. Learned counsel for the petitioner does not dispute that the award of Arbitrator has become final and in terms of the award, principal amount was 4,38,970/- and interest worked out as Rs.3,80,000/- and thus, total amount due would be 8,18,970/- as on the date of passing award. The total amount due as of now may be more. Unless and until entire amount is paid, the judgment debtors cannot be discharged. I therefore, do not see any error in the order passed by the lower Court warranting interference. Civil Revision Petition is 3 accordingly dismissed. However, if the original chit account holder comes forward and offers to pay the balance amount, the same shall be adjusted and judgment debtor be discharged accordingly. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 04.11.2022 Kkm 4 HONOURABLE SRI JUSTICE P.NAVEEN RAO CIVIL REVISION PETITION NO.2032 OF 2022 Date: 04.11.2022 kkm