Karnataka High Court
M/S Dpk Engineers Pvt Ltd vs M/S Guhring India Pvt Ltd on 19 December, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2023:KHC:46424
WP No. 19493 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 19493 OF 2022 (GM-CPC)
BETWEEN:
M/S. DPK ENGINEERS PVT. LTD.,
REGISTERED OFFICE NO.109,
J.C.ROAD, BANGALORE - 560 002.
AND FACTORY AT:
UNIT NO.2, SURVEY NO.128/2,
4TH PHASE, BOMMASANDRA INDUSTRIAL AREA,
BOMMASANDRA - JIGANGI LINK ROAD,
OFF HOSUR ROAD, BANGALORE - 560 099.
REP. BY ITS DIRECTOR SRI. MADAN SAMPATH RAMAN,
INCORPORATED UNDER THE COMPANY ACT, 1956.
...PETITIONER
(BY SRI.M.S.SHYAM SUNDER, SENIOR ADVOCATE FOR
SMT.YUKTHA N., ADVOCATE)
AND:
M/S. GUHRING INDIA PVT. LTD.,
Digitally HAVING ITS FACTORY AT
signed by
SUCHITRA M J PLOT NO.129, BOMMASANDRA - JAIGANI LINK ROAD,
Location: High
Court of OFF HOSUR ROAD, BANGALORE - 560 099.
Karnataka
REP. BY ITS AUTHORISED SIGNATORY,
VINAYAK S KULKARNI DECREE HOLDER
INCORPORATED UNDER COMPANY ACT 1956.
...RESPONDENT
(BY SMT. SUNITA SRINIVAS., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF
THE EX NO.44/2019 PENDING ON THE FILE OF SR. CIVIL JUDGE
AND JMFC AT ANEKAL; SET ASIDE THE IMPUGNED ORDER PASSED
ON 26.8.2022 IN EX NO.44/2019 PENDING ON THE FILE OF SR.
CIVIL JUDGE AND JMFC AT ANEKAL VIDE ANNEXURE - A AND ETC.
-2-
NC: 2023:KHC:46424
WP No. 19493 of 2022
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner-judgment debtor in Ex.No.44/2019
and defendant in O.S.No.358/2014 on the file of the
Senior Civil Judge and JMFC, Anekal, Bengaluru Rural
District, is before this Court challenging the order dated
26.08.2022 issuing warrant of attachment of movables of
petitioner-judgment debtor.
2. Heard Sri. M.S.Shyam Sundar, learned Senior
Counsel for Smt. Yuktha.N., learned counsel for the
petitioner and Smt. Sunita Srinivas, learned counsel for
the respondent. Perused the writ petition papers.
3. Learned Senior Counsel for the petitioner would
submit that the respondent-decree holder filed suit for
recovery of a sum of Rs.90,85,000/- along with interest.
It is submitted that the suit was decreed exparte by
judgment and decree dated 01.09.2017. Thereafter, the
respondent-decree holder filed the present Ex.No.44/2019
NC: 2023:KHC:46424
to execute the judgment and decree dated 01.09.2017 in
O.S.No.358/2014. On receiving the summons in execution
proceedings, the petitioner appeared before the Executing
Court and also filed Misc.No.89/2019 before the Senior
Civil Judge and JMFC, Bengaluru Rural District, Anekal
under Order IX Rule 13 of CPC to set aside the decree
dated 01.09.2017 in O.S.No.358/2014.
4. As the petitioner-judgment debtor failed to pay
the amount as directed, the Executing Court issued
warrant of attachment of movables of petitioner-judgment
debtor under impugned order dated 26.08.2022.
Challenging the said order, the present writ petition.
5. Learned Senior Counsel for the petitioner would
submit that in pursuance to interim order passed by this
Court on 30.09.2022, while staying further proceedings in
Ex.No.44/2019, this Court directed the petitioner to
deposit 25% of the decreetal amount. It is submitted that
accordingly, the petitioner deposited 25% of the decreetal
amount before the Executing Court, which is in deposit.
NC: 2023:KHC:46424
Learned Senior Counsel further submits that the notice is
ordered in Miscellaneous Petition filed to set aside the
exparte decree and respondent-decree holder is yet to file
objection.
6. Per contra, learned counsel for the respondent
would submit that the respondent-decree holder has
appeared in Miscellaneous Petition on 14.06.2023 and the
Miscellaneous Petition is adjourned to 16.01.2024 for filing
objection by the respondent-decree holder. Further, it is
submitted that the respondent-decree holder would file
statement of objection on the next date of hearing in the
Miscellaneous Petition. Learned counsel would insist for
further deposit by the petitioner-judgment debtor in
Execution Proceedings since the petitioner-judgment
debtor is due to the respondent-decree holder in terms of
judgment and decree more than crore rupees with
interest.
7. It is an admitted fact that the judgment and
decree is passed uncontested. It is also a fact that the
NC: 2023:KHC:46424
said judgment and decree is put into Ex.No.44/2019. It is
also a fact that the petitioner-judgment debtor has filed
Misc.No.89/2019 under Order IX Rule 13 of CPC to set
aside the Judgment and decree. The petitioner-judgment
debtor in pursuance to the interim order of this Court has
deposited 25% of the decreetal amount before the
Executing Court. In view of the above circumstances, it
would be appropriate to direct the Court, in which
Misc.No.89/2019 is pending, to dispose of the same within
a period of six months. Hence, the following:
ORDER
(i) The undertaking on behalf of the respondent-
decree holder that the respondent would file
objection on the next date of hearing i.e.,
16.01.2024 is placed on record.
(ii) Learned Senior Counsel Sri. Shyam Sundar on
behalf of the petitioner-judgment debtor
assures that the petitioner-judgment debtor
would complete his side of evidence within one
NC: 2023:KHC:46424
month from the date of filing objection by the
respondent-decree holder. The said submission
is placed on record and the petitioner-judgment
debtor is directed to complete their side of
evidence within one month from the date of
filing of objection. Thereafter, within one
month, the respondent-decree holder shall
complete their evidence. The trial Court is
directed to dispose of Misc.No.89/2019 on the
file of the Senior Civil Judge and JMFC,
Bengaluru Rural District, Anekal, within six
months from the date of producing this order.
(iii) On completion of recording evidence, the trial
Court would pass order. If the petitioner-
judgment debtor fails to complete evidence
within one month, the petitioner-judgment
debtor shall deposit another 25% of the
decreetal amount before the Executing Court.
NC: 2023:KHC:46424
(iv) Till orders are passed in Miscellaneous Petition,
the Execution Petition shall be kept in
abeyance.
(v) With the above, writ petition stands disposed
off.
Sd/-
JUDGE
SMJ
