Karnataka High Court
Shri V.M.Biradar Goudar vs The Managing Director on 17 March, 2022
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
W.P.NO.200409/2019(GM-CPC)
BETWEEN:
SHRI V M BIRADAR GOUDAR
S/O LATE MAHALINGAPPA BIRADAR GOUDAR
AGED 75 YEARS, BE, AMNSI (SE)
KANPUR UP, BOE (BOILERS OPERATIONS
ENGINEERS), R/O APARTMENT NO.107, SHRAVANTHI GRACES
THIMMAPPA REDDY LAYOUT
NEAR MATHRU NURSING HOME
BANNERGHATTA ROAD-
HULIMAVU GATE
BENGALURU - 560076. .... Petitioner
(BY SRI P S MALIPATIL, ADV.)
AND:
1. THE MANAGING DIRECTOR
NANDI SAHAKARA SAKKARE
KARKHANE MILLS LTD.
P.O. HOSUR, KRISHNAGARA
VIA GALAGALI
VIJAYAPURA DIST - 586113.
2. THE CHAIRMAN
NANDI SAHAKARA SAKKARE
KARKHANE MILLS LTD.
P O HOSUR, KRISHNAGARA
VIA GALAGALI, VIJAYAPURA DIST - 586113. ... Respondents
(BY SRI. S J DHARWADKAR, ADV.)
2
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to set aside the order dated
30.10.2018 in Execution No.331/2016 on the file of the Prl.
Senior Civil Judge and CJM Court, Vijayapur, vide annexure - K
as the same is illegal, arbitrary and unsustainable and grant the
backwages as claimed by the petitioner in his execution petition
and pass other orders as may be deemed just and expedient in
the circumstances of the case including the costs of this writ
petition.
This petition coming on for further hearing, this day, the
court made the following:-
ORDER
Petitioner is questioning the order dated 30.10.2018
passed in Execution No.331/2016 on the file of the Prl.
Senior Civil Judge and CJM Court, Vijayapur.
2. Petitioner has filed this petition to recover the
back wages payable to the petitioner in terms of the order
passed by the Deputy Registrar of Co-operative Societies,
Vijayapura. The petitioner being dissatisfied with the
disallowed claim had filed an appeal before the Karnataka
Appellate Tribunal which by its order dated 24.11.2014 has
allowed the appeal in part. However, the petitioner was
not given the benefit of the award of the Registrar as well
as the order of the Karnataka Appellate Tribunal. Hence,
Execution Petition 331/2016 was filed.
3. Parties filed a memo of calculation in the said
proceeding. Learned Principal Senior Civil Judge and CJM
Court, Vijayapura in terms of the impugned order has held
that the decree-holder has already received Rs.1,46,288/-
from the judgment debtor. The last paragraph of the
impugned order would indicate that Rs.4,37,728/- is
payable according to the memo of calculation filed by the
judgment debtor. However, Rs.2,91,440/- is deposited.
The remaining amount of Rs.1,46,288/- is held to be
payable.
4. However, there is no proof relating to payment
OF Rs.1,46,288/- which is admittedly payable by the
judgment debtor. Under these circumstances, the
Executing Court erred in holding that the decree is fully
satisfied. Since the amount payable to the decree-holder
ought to have been paid in 2014 itself and considering the
fact that the amount is not yet paid, this Court deems it
appropriate to direct the judgment debtor to pay
Rs.1,46,288/- along with interest @ 6% p.a. from the date
of execution petition till the date of actual payment. The
Executing Court shall proceed with the execution petition
for recovery of the balance amount of Rs.1,46,288/- from
the judgment debtor.
Hence the following.
ORDER
The petition is allowed and impugned order dated
30.10.2018 in Execution No.331/2016 on the file of III
Additional Senior Civil Judge, Vijayapura, is set aside.
Executing Court shall proceed with the execution
petition for recovery of the balance amount of
Rs.1,46,288/- along with interest @ 6% p.a. from the date
of execution petition till the date of realization of the
amount from the judgment debtor.
Sd/-
JUDGE
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