D Bikshapathi Sridhar vs Shriram Chits Pvt.Ltd
2022 Latest Caselaw 805 Tel

        HONOURABLE SRI JUSTICE P.NAVEEN RAO
                         &
        HONOURABLE DR. JUSTICE G.RADHA RANI


        CIVIL REVISION PETITION NO.6042 OF 2018

                         Date: 21.02.2022

Between:


D.Bikshapathi Sridhar, s/o. Bikshapathi,
Aged 36 years, occu: RPF Constable,
Plot No.41, Padmavathi Colony,
Boduppal, Ranga Reddy district,
Hyderabad, T.S.

                                                 ..... Petitioner /
                                            Judgment Debtor No.3
           and

Shriram Chits Pvt. Ltd., rep.by its
Divisional Manager, Sri T.Parameswar Rao,
s/o.T.narsimha Rao, Aged about 42 years,
occu: Divisional Manager, r/o.Secunderabad,
Regd.Office at # 44, S.D.Road, Secunderabad.

                                                 .....Respondent/

Decree Holder

D.Srinivas and others.

.... Respondents/ Judgment Debtors

The Court made the following:

PNR,J & GRR,J CRP No.6042 of 2018

HONOURABLE SRI JUSTICE P.NAVEEN RAO & HONOURABLE DR. JUSTICE G.RADHA RANI

CIVIL REVISION PETITION NO.6042 OF 2018

ORDER: (per Hon'ble Sri Justice P.Naveen Rao)

Heard Smt. T.Shiva Parvathi learned counsel for

petitioner and Mr. Maheswara Rao Kuncham learned counsel

for respondent no.1.

2. On a dispute raised by the respondent-Chit Fund

Company, the Arbitrator registered the dispute as A.B.R./

C.F.No.180 of 2014 and passed award in quantifying the

amount payable to the Chit Fund Company as 7,99,578/-

and also awarded costs and interests and quantified the total

amount of 9,46,190/-. Alleging that said amount is not paid

by the Judgment Debtors, the Decree-holder filed E.P.No.46 of

2017 in the Court of III Senior Civil Judge, City Civil Court at

Secunderabad. The Execution Court by order dated 17.08.2018,

allowed the E.P., directing the Judgment Debtor to make

payment of E.P. claimed amount with interest within ten days to

the Decree-holder, failing which the Decree-holder is at liberty PNR,J & GRR,J CRP No.6042 of 2018

to seek attachment of salary of Judgment Debtor No.3, i.e.,

petitioner herein.

3. This Revision is preferred challenging the said order on

the ground that III Additional Senior Civil Judge has no

jurisdiction to entertain the E.P. It is also contended that for

the last more than three years an amount of 12,000/- per

month has been recovered from the salary of the petitioner

towards attachment amount, causing lot of suffering and

hardship and that there are other Judgment Debtors from

whom amount could have been recovered. Learned counsel for

the petitioner earnestly appeals to reduce the amount of

attachment per month.

4. In M/s.Shriram Chits Private Limited, rep.by its GPA

Holder and General Manager v. B.Durgaprasad Rao and

others1, the Division Bench upheld the maintainability of the

Execution Petition in an arbitration award made under the Chit

Fund Act before the civil Court having pecuniary jurisdiction.

From the salary slip placed before us, it is seen that employee is

drawing about 70,000/- per month and what was directed to

be deducted towards the decretal amount is only 12,000/-.

2017(1) ALT 8 (D.B.) PNR,J & GRR,J CRP No.6042 of 2018

In addition only few other amounts are recovered from him and

that the order of attachment does not violate Section 60 of the

Code of Civil Procedure, 1908 for this Court to intervene and

reduce the attachment amount per month. We do not see any

error in the decision of the trial Court warranting our

interference. This Civil Revision Petition is dismissed.

Pending miscellaneous petitions if any shall stand closed.

______________________________ JUSTICE P.NAVEEN RAO

______________________________ DR.JUSTICE G.RADHA RANI Date: 21.02.2022 Kkm PNR,J & GRR,J CRP No.6042 of 2018

HONOURABLE SRI JUSTICE P.NAVEEN RAO & HONOURABLE DR. JUSTICE G.RADHA RANI

CIVIL REVISION PETITION NO.6042 OF 2018

Date: 21.02.2022 kkm