Guttikonda Nagarjuna Reddy vs M/S. Shriram City Union Finance ...
2022 Latest Caselaw 6791 Tel

           HON'BLE SRI JUSTICE K.SURENDER

CIVIL REVISION PETITION Nos.2690 and 2575 OF 2022
COMMON ORDER:
1.   The petitioners in the Civil Revision Petitions are

judgment     debtors    3      and     4     questioning     the   salary

attachment order passed by the Principal District Judge at

Suryapet dated 04.01.2022.


2.   The 1st respondent/Decree Holder/claimant filed EP

No.28 of 2021 in Arbitration No.554 of 2013 against these

two respondents and two others. In the said E.P, the Award

amount was Rs.7,51,874/-, which was passed on

29.01.2014. The amount ordered was with interest at 10%

per annum for the period covered by pendency of claim

proceedings from 30.07.2012 till the date of the order i.e.,

29.01.2014 and until full realization. Accordingly,

calculations were made in tabulated form and the 1st

respondent/decree holder filed E.P for the claim of

Rs.17,86,065/-.

3. Learned Judge has ordered the attachment of salary to

an extent of Rs.17,86,065/- against both the

petitioners/judgment debtors 3 and 4.

4. The judgment debtors in the suit would be jointly and

severally liable. The decree holder can proceed against any

of the judgment debtors. However in the event of proceeding

against 2 or more judgment debtors, the amount

outstanding shall be proportionately divided amongst the

said judgment debtors.

5. In the present case, the entire claim amount of

Rs.17,86,065/- was ordered to be recovered from both the

petitioners, who are judgment debtors 3 and 4, which is

patently illegal. Collectively, the attached amount would be

Rs.17,86,065/-x 2 = Rs.35,72,130/-.

6. For the aforesaid reasons, the attachment order dated

04.01.2022 passed by the Principal District Judge,

Suryapet is incorrect and accordingly set aside.

7. In the result, the Civil Revision Petitions are allowed

and the case is remanded to the learned District Judge, Suryapet to proportionately order attachment against the

judgment debtors vis-à-vis the claim amount.

Miscellaneous applications if any, pending, shall stand

closed.

__________________ K.SURENDER, J Date: 13.12.2022 kvs HON'BLE SRI JUSTICE K.SURENDER

CIVIL REVISION PETITION Nos.2690 and 2575 OF 2022

Date: 13.12.2022.

kvs