G Veera Reddy S/O Basavaraju vs M/S Margadashi Chits (Kar)
2024 Latest Caselaw 875 Kant

Karnataka High Court

G Veera Reddy S/O Basavaraju vs M/S Margadashi Chits (Kar) on 10 January, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

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                                             NC: 2024:KHC-D:511
                                              WP No. 100518 of 2023




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD
                                    BENCH
                 DATED THIS THE 10TH DAY OF JANUARY, 2024
                                    BEFORE
                 THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                 WRIT PETITION NO. 100518 OF 2023 (GM-CFA)

            BETWEEN:

            G. VEERA REDDY S/O. BASAVARAJU,
            AGE: 39 YEARS ,OCC: FORK,
            LEFT/RIGHT SIDE LOADER OPERATOR,
            O/O JSW SEVEN FIELD STRUCTURES LTD.,
            TORANAGAL, R/O. OPP. ANJANEYA TEMPLE,
            SANGANAKALLU,TQ & DIST: BALLARI,
            PIN: 583 103.
                                                       ...PETITIONER
            (BY MS. KAVYA LALAGI FOR SRI. H.N. GULARADDI, ADV.)

            AND:

            1.   M/S. MARGADARSHI CHITS (KAR)
GIRIJA A
                 PVT LIMITED ,SRI. JSR TOWERS,
BYAHATTI         SECOND FLOOR, PARVATI NAGAR MAIN ROAD,
                 BALLARI, TQ. AND DIST: BALLARI-583 101.
Digitally
signed by
GIRIJA A    2.   K. HALANAGOUDA S/O. K. DODDAMALLANAGOUDA,
BYAHATTI
                 AGE: 41 YEARS,OCC: TECHNICAL ASSISTANT,
                 NEKRTC, HOSPET, R/O. NEAR THAMRAHALLI CIRCLE,
                 HALASAM MATA, HAGARIBOMMANAHALLI,
                 TQ: HAGARIBOMMANAHALLI,
                 DIST: VIJAYANAGAR-583 212.

            3.   G.T. MANJUNATH S/O. G.THIPANNA,
                 AGE: 38 YEARS,OCC: TECHNICAL ASSISTANT,
                 NEKRTC,HOSPET, R/O. WARD NO 6.,
                 HAMPI ROAD, NEW VASAVI SCHOOL ,HOSPET,
                 TQ: HOSPET, DIST: VIJAYANAGAR-583 201.
                            -2-
                                  NC: 2024:KHC-D:511
                                      WP No. 100518 of 2023




4.   Y. LOKESH S/O. Y. RAMALINGANA GOUDA,
     AGE: 38 YEARS, OCC: DRIVER,
     R/O. O/O. JSW SEVEN FIELD STRUCTURES LTD .,
     TORANAGAL, R/O. MATAD BAYALU,
     NEAR POST OFFICE, WARD NO 2.,
     GADIGANUR, TQ: SANDUR,
     DIST: BALLARI-583 223.

5.   B. THYAGARAJA S/O. B. HARI BABU,
     AGE: 39 YEARS, OCC: TECHNICAL ASSISTANT,
     NEKRTC,SIRUGUPPA ,R/O. WARD NO. 5,
     GANESH TEMPLE STREET, B/S KOTTURU
     SWAMI MATA, BRUCE PETH, BALLARI,
     TQ AND DIST: VIJAYANAGAR-583 101.
                                             ...RESPONDENTS

(BY SRI. S.N. BANAKAR, ADVOCATE FOR R1;
NOTICE TO UNSERVED RESPONDENTS IS DISPENSED
WITH)

                           ---

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT AND QUASH THE IMPUGNED ORDER
DATED 29/07/2022 PASSED ON BY THE C/C V ADDL.
CIVIL JUDGE AND JMFC BALLARI IN E.P.NO.149/2018
PRODUCED     AT   ANNEXURE-C,    IN    THE    INTEREST   OF
JUSTICE AND EQUITY.


      THIS PETITION, COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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                                    NC: 2024:KHC-D:511
                                     WP No. 100518 of 2023




                          ORDER

1. In view of the proposed order to be passed, notice to

unserved respondents is dispensed with.

2. The petitioner is before this Court seeking for the

following reliefs:

a) Issue a writ in nature of certiorari or any other appropriate writ and quash the impugned order dated 29/07/2022 passed on by the c/c V Addl. Civil Judge & JMFC Ballari in E.P. No.149/2018 produced at ANNEXURE-C, in the interest of justice and equity.

b) Pass such other order or orders as this Hon'ble court may deem fit in the circumstances of the case.

3. Execution proceedings in E.P.No.149/2018 had been

filed before the V Additional Civil Judge and JMFC,

Ballari, to enforce the award passed under Section

69 of the Chit Funds Act, 1982. In the said

proceedings, an attachment warrant of the salary of

the petitioner was issued, which is under challenge in

these proceedings.

NC: 2024:KHC-D:511

4. Learned counsel for the petitioner submits that,

respondent No.1 has chosen to prosecute the

execution proceedings only against the petitioner and

not against the principal debtor and other sureties,

and it is in that background, she submits that the

petitioner having paid more than one lakh of rupees,

the balance amount would have to be recovered from

the principal debtor and other sureties.

5. The only grievance of the petitioner is that, the

petitioner has been singled out and the proceedings

have not been followed through against the principal

debtor and other sureties, and only the salary of the

petitioner has been attached.

6. A perusal of the order sheet in the execution

proceedings dated 29.07.2022 indicates that, salary

attachment warrant has been issued as regards the

judgment debtors No.1 to 5 and once again

reiterated on 14.12.2022. In that view of the

NC: 2024:KHC-D:511

matter, proceedings have been initiated by the

decree holder against all the judgment debtors.

7. The contention of the learned counsel for the

petitioner that the petitioner has been discriminated

against would not stand. The petitioner, however

being a surety for the loan, any amount paid by the

petitioner could always be recovered from the

judgment debtor.

8. In that view of the matter, there being no infirmity in

the order passed by the trial Court, the petition

stands dismissed with the aforesaid liberty.

9. In view of disposal of the main petition, pending

I.As., if any, do not survive for consideration.

Sd/-

JUDGE

gab Ct-mck