Danduboina Veera Venkata ... vs M/S.Margadarsi Chit Funds ...
2022 Latest Caselaw 8386 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.C.R.P.No.2128 of 2022

                            PROCEEDING SHEET
Sl. DATE                            ORDER                                 OFFICE
No.                                                                        NOTE
2.  07-11-2022 MGR,J & BSS,J
                               C.R.P.No.2128 of 2022

                      Notice before admission.

                      Learned counsel for the petitioner is
                permitted to take out personal notice on the
                respondents       by     Registered       Post    with

Acknowledgement Due and file proof of service into the Registry.

Learned counsel for the petitioner states that the 1st respondent has obtained a decree against the respondents 2 to 5 and also against the petitioner, who is a guarantor. The 1st respondent/D.Hr. filed E.P.15 of 2018 under Order 21, Rules 37 and 38 of C.P.C. against the petitioner/5th J.Dr. for arrest and detention in civil prison for realisation of the decretal amount, leaving the respondents 2 to 5 and the same was allowed issuing arrest warrant against the petitioner. He further states that the 1st respondent/D.Hr. failed to proceed against the principal judgment debtor and arbitrarily proceeding only against the petitioner, who is a Guarantor No.4. The E.P.No.257 of 2015 filed under Order 21, Rule 54 of C.P.C. was also ordered and the date of auction of E.P. schedule property of the petitioner is fixed. The petitioner has already paid Rs.1 lakh on 15.09.2022 and

Rs.1 lakh on 17.10.2022. The principal debtor is also taking steps for One Time Settlement and if the sale is proceeded and decree amount is recovered, there is no point in arresting of petitioner/J.Dr.No.5 and prayed to stay of all further proceedings of the impugned order.

We, having considered the facts and circumstances of the case, submissions of the learned counsel and on perusal of the record, prima facie satisfied that the petitioner has shown sufficient cause for grant of interim direction.

Accordingly, there shall be stay of all further proceedings pursuant to order dated 29.08.2022 passed in E.P.No.15 of 2018 in A.A.C.F.No.11 of 2014 by the Principal Senior Civil Judge, Rajahmahendravaram, on condition of petitioner/J.Dr.No.5 depositing Rs.1 lakh to the credit of subject E.P., within a period of four (4) weeks from the date of receipt of a copy of this order.

Post on 05.12.2022.

_________ MGR, J

_________ BSS, J anr