Mohd Muneeruddin vs M/S Shriram City Union Finance ...
2022 Latest Caselaw 6610 Tel

     HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA

      CIVIL REVISION PETITION No.2774 of 2022

ORDER:

Heard Sri G. Arun Kumar, learned counsel for the

revision petitioner as well as Sri N. Arvind, counsel

representing Sri. N. Srikanth Goud, learned counsel on

record for respondent No.1.

2. Challenging this Revision Petition is the order of

attachment of salary of the petitioner herein that is

rendered by the Family Court - cum - Court of Additional

District Judge, Karimnagar in E.P.No.54 of 2019 in

Arbitration Case No.1487 of 2016 dated 20.08.2022 .

3. Making his submission, learned counsel for the

petitioner contends that the petitioner is the judgment-

debtor No.2 in the Execution Petition and though the

principal-debtor is respondent No.2 herein and though

respondent Nos.3 and 4 are also liable, attachment of

salary of the petitioner was ordered to be affected which is

against the mandate of law. Therefore, the order of

attachment of salary has to be set aside.

4. On the other hand, the submission of the learned

counsel for the respondent No.1 is that the liability of the

judgment-debtors is joint and several.

5. The Execution Petition is filed basing on the Award

passed by the Sole-Arbitrator, Karimnagar in Arbitrator

Case No.1487 of 2016.

6. In the Award it is clearly indicated that the claimant

is entitled to recover the amount of Rs.4,96,530/- from

respondent Nos.1 to 4 therein jointly and severally. The

petitioner herein is respondent No.2 in the said Arbitration

Case. Therefore, the liability of the petitioner is both joint

and several. Such being the case, the decree-holder is

entitled to proceed against all or any of the judgment-

debtors.

7. Therefore, this Court is of the view that the Court

concerned did not err in issuing the order of attachment of

salary of the petitioner herein. Hence, Civil Revision

Petition is dismissed.

As a sequel, miscellaneous petitions pending, if any,

shall stand closed

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA

Date: 08.12.2022 ss

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA

CIVIL REVISION PETITION No.2774 of 2022

08.12.2022

ss