Janvee Md vs M/S Sri Ram City Union Finance Ltd.
2021 Latest Caselaw 4546 Tel

     THE HON'BLE SRI JUSTICE P. NAVEEN RAO
                          AND
       HON'BLE SMT. JUSTICE P. SREE SUDHA



     CIVIL REVISION PETITION No.1998 of 2021



ORDER :

This revision is preferred by the Judgment Debtor

No.2 alleging that without serving notice on him, the

attachment of property is ordered in E.P.No.170 of 2020

on the file of the Court of V Additional District Judge at

Kothagudem, Bhadradri Kothagudem District. Having

come to know that order of attachment was issued on

30.09.2021, the petitioner herein has filed E.A.No.1 of

2021 in E.P.No.170 of 2020 stating that the said

immovable property is a joint family property and he is

not the sole owner of the E.P. schedule property. While

so, the Executing Court now called for the details of the

property attached to conduct sale of the property.

2. The trial Court ought to have seen that it was not a

case of refusal to receive notice, but was returned with

an endorsement "addressee left". The trial Court erred in

issuing attachment order without effecting service on the

petitioner herein.

PNR J & PSS,J

3. Accordingly, this Civil Revision Petition is allowed

and the order of attachment dated 30.09.2021 passed by

the trial Court is set aside. Therefore, to give one

opportunity, the petitioner is directed to appear before

the trial Court on 23.12.2021 i.e. tomorrow. On such

appearance, the trial Court is directed hear the petitioner

herein in E.P.No.170 of 2020 and give an opportunity of

hearing on the aspect of non-compliance of the Award

and take further steps to give effect to the Award passed

by the Arbitrator in Arbitration Case No.63 of 2016.

4. If the petitioner fails to appear before the trial Court

tomorrow i.e. 23.12.2021, it is open to the trial Court to

proceed further as warranted by law.

5. Miscellaneous applications pending, if any, shall

stand closed.

___________________________ JUSTICE P. NAVEEN RAO

_______________________________ Smt. JUSTICE SREE SUDHA

22.12.2021.

NOTE : Furnish C.C. today.

(B/O) Msr PNR J & PSS,J

THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND HON'BLE SMT. JUSTICE P. SREE SUDHA

CIVIL REVISION PETITION No.1998 of 2021

22.12.2021 (Msr)