B.Jaya Shankar vs M/S. Margadarsi Chit Fund Pvt. Ltd
2022 Latest Caselaw 5648 Tel

        HONOURABLE SRI JUSTICE P.NAVEEN RAO

       CIVIL REVISION PETITION NO.2032 OF 2022

                     Date: 04.11.2022


Between:

B.Jaya Shankar, s/o. B.Sundaraya,
Aged 54 years, occu:Govt.Employee,
r/o.13-146, Sai Ram Colony, Phase-2,
Nadargul, Hyderabad

                                                .....Petitioner
     and

M/s.Margadarsi Chit Fund Pvt.Ltd.,
Rep.by its Foreman/Branch Manager,
Mr.S.Adinarayana Rao s/o.Brahmanandham,
Aged about 50 years, r/o.1-11-210 & 211,
Flat No.305, Ali Rich Apartments, Begumpet,
Gurumurthy Lane, Hyderabad and others.

                                              .....Respondents




The Court made the following:
                                  2


          HONOURABLE SRI JUSTICE P.NAVEEN RAO

         CIVIL REVISION PETITION NO.2032 OF 2022

ORDER:

Award was passed by the Arbitrator in ARB/CF/No.485 of

2014 on 27.02.2015. Seeking enforcement of the said award,

E.P.No.51 of 2020 was filed in the Court of IV Senior Civil

Judge, City Civil Court at Hyderabad. As amount was not yet

recovered, the Decree-holder filed E.A.No.36 of 2021 in

E.P.No.51 of 2020. By order dated 21.01.2022, trial Court

directed the Garnishee to remit the amount of Rs.5,15,540/- to

the credit of E.P. Account, which was withheld by the Accounts

Officer as per the earlier orders of the Court in E.A.No.36 of

2021. Challenging the same, this revision petition is filed.

2. Learned counsel for the petitioner does not dispute that

the award of Arbitrator has become final and in terms of the

award, principal amount was 4,38,970/- and interest worked

out as Rs.3,80,000/- and thus, total amount due would be

8,18,970/- as on the date of passing award. The total

amount due as of now may be more. Unless and until entire

amount is paid, the judgment debtors cannot be discharged.

I therefore, do not see any error in the order passed by the lower

Court warranting interference. Civil Revision Petition is

accordingly dismissed. However, if the original chit account

holder comes forward and offers to pay the balance amount, the

same shall be adjusted and judgment debtor be discharged

accordingly. Pending miscellaneous petitions shall stand

closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 04.11.2022 Kkm

HONOURABLE SRI JUSTICE P.NAVEEN RAO

CIVIL REVISION PETITION NO.2032 OF 2022

Date: 04.11.2022 kkm