Karnataka High Court
B Sampath Kumar vs M/S Maragadarsi Chits (K) Pvt Ltd on 18 July, 2023
Bench: Ravi V Hosmani
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NC: 2023:KHC:25035
WP No. 52085 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 52085 OF 2018 (GM-CPC)
BETWEEN:
1. B. SAMPATH KUMAR,
S/O. MR. K. BALARAJU,
AGED ABOUT 36 YEARS,
RDSE PRATHAM MOTORS PVT. LTD.,
NO. 45/3, KAVAL HOSAHALLI,
ANEKAL TALUK,
BANGALORE RURAL 562 106.
2. AMARAIAH,
S/O. MR. K. BALARAJU,
AGED ABOUT 46 YEARS,
RDSE PRATHAM MOTORS PVT LTD.,
NO. 45/3, KAVAL HOSAHALLI,
ANEKAL TALUK,
BANGALORE RURAL 562 106.
3. B.S. MUSTAQ,
S/O. MR. B.P. PAACHASAB,
AGED ABOUT 57 YEARS,
ASST. TEACHER, GLPS,
DINNAKOTHUR, BANGARPET TALUK,
Digitally signed by
GEETHAKUMARI KOLAR ( D) 563 121.
PARLATTAYA S
Location: High 4. ESHWARAPPA,
Court of Karnataka S/O. MR. VENKATESHAPPA,
AGED ABOUT 42 YEARS,
ASST. TEACHER, GHPS,
NG HULKURU, BANGARPET TALUK,
KOLAR DISTRICT 563 121.
5. C. SATHISH CHANDRA,
S/O. MR. V. CHANDRAPPA,
AGED ABOUT 49 YEARS,
M/S K.K.G. ENTERPRISES TEKAL,
RAILWAY STATION, MALUR TLAUK,.
KOLAR DISTRICT 563 137.
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NC: 2023:KHC:25035
WP No. 52085 of 2018
6. B.M. SUNANDA
W/O. MR. K. BALARAJU,
AGED ABOUT 62 YEARS,
NO. 02, KUNAMADIWALA VILLAGE,
SIDIHOSAKOTE POST, ANEKAL TALUK,
BANGALORE RURAL 562 106.
...PETITIONERS
[BY SRI. SHAHNAWAZ M. MAHADAPUR, ADVOCATE (AB)]
AND:
M/S MARAGADARSI CHITS (K) PVT LTD.,
NO. 25, RAM PLAZA, 2ND FLOOR, CHM ROAD,
INDIRANAGAR, BANGALORE 560 038.
REP. BY ITS FOREMAN/MANAGER,
SRI. A PRABHAKARA,
S/O. A NAGABHUSHANAM.
...RESPONDENT
[BY SRI. P.P. JAYAKUMAR, ADVOCATE (PH)]
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSITITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER OF ATTACHMENT OF SALARIES OF JUDGMENT DEBTORS 2, 3,
AND 5 DATED 15.9.2018 IN EX NO.2422/2017 AT ANNEXURE-B AND
ISSUE ANY OTHER ORDERS, DIRECTION/S TO THE RESPONDENTS IN
THE MATTER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Challenging order dated 15.09.2018 passed in Ex.case
no.2422/2017 vide Annexure-B, this writ petition is filed.
2. Petitioners herein were judgment debtors in Ex.case
no.2422/2017 filed by respondent Decree holder for recovery of
decretal amount as per award in DRCS-2/SZ/CFS/86/2016-17.
In said execution case, executing Court passed order on
15.09.2018 for attachment of salary of judgment debtors no.2,
NC: 2023:KHC:25035
WP No. 52085 of 2018
3 and 5. Challenging same, this writ petition is filed. In writ
petition, it is contended that on date of passing of impugned
order, petitioners herein had filed objections to execution
petition and without considering same, attachment of their
salary was ordered and therefore it was violative of principles of
natural justice.
3. On other hand, Sri. P.P. Jayakumara, learned
counsel for respondent - Decree holder submitted that in terms
of award passed, respondent had filed Execution case, wherein
order of attachment of salary of petitioners no.2, 3 and 5
(J.Drs.no.2, 3 and 5) was passed. It was submitted that in
present case salaries were attached and already recoveries
made for period of 24 months, writ petition was rendered
infructuous.
Considering above submission and taking note of fact that
order impugned was passed on 15.09.2018, there is no interim
order granted in this writ petition and in view of submission of
respondent, writ petition is disposed of as having become
infructuous.
Sd/-
JUDGE
PSG
