M/S Shetty Constructions Co. Pvt. Ltd vs The Executive Engineer
2024 Latest Caselaw 15021 Kant

Karnataka High Court

M/S Shetty Constructions Co. Pvt. Ltd vs The Executive Engineer on 28 June, 2024

                                               -1-
                                                       NC: 2024:KHC-D:8842
                                                         RP No. 100068 of 2023




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 28TH DAY OF JUNE, 2024

                                             BEFORE

                             THE HON'BLE MR JUSTICE C.M. POONACHA

                              REVIEW PETITION NO. 100068 OF 2023

                                                  IN

                          CIVIL REVISION PETITION NO. 100064 OF 2020

                   BETWEEN:

                   M/S SHETTY CONSTRUCTIONS CO. PVT. LTD.,
                   HUBLI NOW ADARSH NAGAR,
                   HUBLI-58009.
                   R/BY DIRECTOR PRASANNA SHETTY
                                                                   ...PETITIONER
                   (BY SRI V.M.SHEELVANT, VINAY S. KOUJALAGI,
                   SRI M.L.VANTI AND SRI ROHIT S. SHEELVANT, ADVOCATES)

                   AND:

                   1.   THE EXECUTIVE ENGINEER
                        KNNL GRBC DV NO. 5,
Digitally signed
                        LOKAPUR CAMP, KOUJALAGI
by SAROJA
HANGARAKI               DIST: BELAGAVI-591227.
Location: HIGH
COURT OF           2.   KARNATAKA NEERAVARI NIGAM LTD.
KARNATAKA               REG. OFFICE BENGALURU
DHARWAD                 R/BY MANAGING DIRECTOR
BENCH                   BENGALURU-560001.
DHARWAD                                                         ...RESPONDENTS
                   (BY SRI S.M.TONNE, ADVOCATE FOR R1 AND R2)

                         THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
                   R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER
                   03.08.2023   PASSED BY THIS      HON'BLE COURT   IN CRP
                   NO.100064/2020 DIRECTING THE EXECUTING COURT TO DISBURSE
                   THE AMOUNT DUE TO THE DECREE HOLDER.

                        THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
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                                      NC: 2024:KHC-D:8842
                                        RP No. 100068 of 2023




                           ORDER

1. This present petition is filed seeking to review the

order dated 3.8.2023 passed in CRP.No.100064/2020.

2. It is the contention of the learned counsel for the

review petitioner that this Court having upheld the order dated

17.2.2020, passed on I.A.No.3 in E.P.No.67/2018 with regard

to finding that the execution petition is within time, ought to

have directed the executing Court to release the amount in

terms of the order dated 17.2.2020.

3. The said contention is ex-facie untenable and liable

to be rejected in as much as, this Court specifically at

paragraph No.11 of it's order dated 3.8.2023 has noticed the

contention of the respondent herein who is the judgment

debtor in the execution proceedings, wherein it was noticed

that the executing Court has proceeded to disburse the amount

without considering the objections of the judgment debtor.

Hence, this Court, set aside the direction passed by the

executing Court to disburse the amount in favour of the decree

holder and permitted the executing Court to proceed further in

NC: 2024:KHC-D:8842

the execution proceedings, in accordance with law after

considering the objections of the judgement debtors.

4. In view of the aforementioned, the review petitioner

has miserably failed in demonstrating that the impugned order

dated 3.8.2023 is liable to be reviewed.

5. Hence, the present petition is dismissed as devoid

of the merit.

Sd/-

JUDGE

VB CT:GSM