Karri Venkata Rao, Visakhapatnam vs Shamkshema Chits And Finance Pvt ...
2023 Latest Caselaw 5227 AP

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                HON'BLE SRI JUSTICE NYAPATHY VIJAY


                           CRP.No.538 of 2017
O R D E R:

The present Civil Revision Petition is filed against an order dated

20.09.2016 in E.P.No.20 of 2016 in Dis.No.131/2013, whereunder the

attachment of salary of the petitioner/Judgment Debtor No.2 was

made absolute. The E.P.No.20 of 2016 was filed by the respondent

No.1 pursuant to an award passed by the Deputy Registrar of Chits/

Arbitrator, Visakhapatnam on 27.11.2014 for recovery of an amount

of Rs.2,56,983/- against judgment debtors 1 to 4 i.e. petitioner and

respondent Nos.2 to 4 herein as the petitioner is an employee of

Visakhapatnam Steel Plant. The E.P. was contested on the ground

that 12 months has not elapsed from the date of previous attachment

and that the award passed by the Deputy Registrar of Chits was an

ex-parte order and steps are being taken to set aside the said award.

The trial Court, by referring to Ramadasu Krishan Murthy v.

Katla vijayalakshmi and others1, opined that a sum of Rs.13,397/-

is attached from the salary of the judgment debtor and that the order

of attachment passed by the court at the rate of Rs.10,000/- (rupees

ten thousand only) per month is as per law and in compliance with the

provision of section 60 C.P.C. There is no stay in this Civil Revision

1997 (2) ALT 412

Petition and at this length of time, this Court does not find any merit

to interfere with the orders of the trial Court.

Hence, the Civil Revision Petition is dismissed. No order as to

costs. As a sequel, the miscellaneous petitions if any shall stand

dismissed.

_____________________ NYAPATHY VIJAY,J Date: 31.10.2023 KLP