Madras High Court
P.Ravikumar vs R.Gandhimathi ... 1St on 13 April, 2022
C.R.P(MD)No.1981 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.04.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(MD)No.1981 of 2017
and
C.M.P(MD)No.10006 of 2017
P.Ravikumar ... Petitioner/
Judgment-Debtor/ Defendant
Vs.
1.R.Gandhimathi ... 1st Respondent/
Decree-Holder/Plaintiff
2.The Executive Engineer,
Tamil Nadu Electricity Board,
Nadupatti,
Manaparai Taluk,
Trichy District. ... 2nd Respondent/
Garnishee/3rd party
(Cause title accepted, vide Court order, dated,
30.11.2017 made in C.M.P(MD)No.11011 and
11012 of 2017)
PRAYER : Civil Revision Petition is filed under Article 227 of
Constitution of India against the Garnishee order passed in E.P.No.9 of
2015 in O.S.No.23 of 1997, dated, 07.09.2017 on the file of the learned
Subordinate Judge, Kulithalai.
1/6
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1981 of 2017
For Petitioner : Mr.K.Sivabalan
For Respondents : Mr.K.Govindarajan
for 1st Respondent
Mr.M.Mohan Babu
for 2nd Respondent
ORDER
The judgment-debtor is the revision petitioner herein.
2. The judgment-debtor suffered an ex-parte money decree in
O.S.No.23 of 1997 on the file of Sub-Court, Kulithalai on 13.12.2008.
The said decree was put to execution by the decree-holder/plaintiff in
E.P.No.9 of 2015.
3. The revision petitioner/judgment-debtor is working as a
Supervisor in Tamil Nadu Electricity Board. The salary certificate of the
judgment-debtor was placed before the Executing Court. Based upon the
salary certificate and also in due compliance with Section 60 (1) (i) of the
Code of Civil Procedure, the Executing Court has passed a Garnishee
order, directing the Electricity Board to recover a sum of Rs.20,000/-
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C.R.P(MD)No.1981 of 2017
(Rupees Twenty Thousand only) per month from the salary of the
judgment-debtor. The said order is put to challenge in the present
revision petition.
4. Heard the learned counsel for the revision petitioner as well as
the learned counsel appearing for the respondents.
5. The learned counsel for the petitioner has contended that the
salary certificate of the petitioner has not been properly appreciated by
the Executing Court and the Executing Court has exceeded in its
jurisdiction in passing a Garnishee order, especially, to a tune of about
Rs.20,000/-(Rupees Twenty Thousand only) per month.
6. I have carefully perused the salary certificate of the revision
petitioner. The gross salary of the petitioner is Rs.68,760/-(Rupees Sixty
Eight Thousand Seven Hundred and Sixty Rupees only) per month and
after statutory deductions, the petitioner is receiving Rs.24,822/-(Rupees
Twenty Four Thousand Eight Hundred and Twenty Two Rupees only) as
on July 2017. The salary referred to in Section 60 (1) (i) of the Code of
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C.R.P(MD)No.1981 of 2017
Civil Procedure is only the gross salary and not the net salary.
7. Hence, I do not find any illegality in the order passed by the
Executing Court in the execution proceedings. The Garnishee order of
Executing Court is confirmed. Accordingly, this Civil Revision Petition
stands dismissed. No costs. Consequently, connected Civil
Miscellaneous Petition is closed.
13.04.2022
gbg
Index : Yes / No
Internet : Yes / No
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate /
litigant concerned.
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C.R.P(MD)No.1981 of 2017
To
1.The Subordinate Judge,
Kulithalai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.R.P(MD)No.1981 of 2017
R.VIJAYAKUMAR ,J.
gbg
Order made in
C.R.P(MD)No.1981 of 2017
13.04.2022
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