M/S. Sreenilaya Chit Fund Pvt Ltd. vs Mr. S. N. Srinivas
2023 Latest Caselaw 1405 Tel

        HONOURABLE SRI JUSTICE P.NAVEEN RAO

       CIVIL REVISION PETITION NO.3123 OF 2022

                     Date: 24.03.2023

Between:

M/s.Sreenilaya Chit Fund Pvt. Ltd.,
Rep.by its Managing Director,
Mr. A.B. Shankara Rao,
s/o. A.Bhadrachalam, Aged about 70 years,
O/o Lakdikapul, Hyderabad.
                                              .....Petitioner/
                                              Decree-holder
     and

Mr. S.N.Srinivas s/o. S.N.Thanasulose,
Aged about 35 years, r/o. 10-4-595,
Ex-Serviceman Colony, Pochammabasthi,
Humayun Nagar, Hyderabad and others.

                                           .....Respondents/
                                     Judgment Debtors 1 to 6


The Court made the following:
                                                                  PNR,J
                                                    CRP No.3123 of 2022
                               2


          HONOURABLE SRI JUSTICE P.NAVEEN RAO

         CIVIL REVISION PETITION NO.3123 OF 2022


ORDER:

Seeking enforcement of the Award of Arbitrator dated

25.03.2019 in Arb/CF.No.20 of 2017 on the file of Deputy

Registrar of Chits/Arbitrator at Erragadda, Hyderabad (South),

for a sum of 2,42,618/- with costs holding respondents

therein as jointly and severally liable, the Decree-holder filed

E.P.No.462 of 2019 in the Court of IX Junior Civil Judge, City

Civil Court at Hyderabad to realize awarded amount of

3,48,711/- from Judgment debtors 2, 3 and 4 by way of

attachment of salary under Order XXI Rule 48 of Code of Civil

Procedure, 1908 (CPC). On 09.07.2019 the Court below ordered

attachment of salary of judgment debtors 2, 3 and 4.

2. It is the case of petitioner that even though attachment

order was served on the Garnishee, i.e., the Deputy Educational

Officer, Lakdikapul, Ranga Reddy district, under whose control

Judgment debtors 2, 3 and 4 were working on 16.07.2019, the

Garnishee has not withheld the amounts and remitted the

amounts as required by Order XXI Rule 48(2) of CPC.

PNR,J CRP No.3123 of 2022

3. Hence, he filed E.A.No.78 of 2021 in E.P.No.462 of 2019

to attach movable assets of the Garnishee/7th respondent. The

trial Court dismissed the E.A. Hence, this Revision.

4. I have heard learned counsel for petitioner. Though

notices served, no representation for Judgment debtors 2, 3 and

4 and for Garnishee.

5. Rule 48 of Order XXI envisages attachment of salary or

allowance of Government employee or an employee of local

authority where such salary is to be disbursed within the local

limits to which CPC extends. In terms of Order XXI Rule 48,

whenever attachment of salary or allowance order is passed, it

is the duty of the Disbursing Officer to withhold the amount and

remit to the Court. If he fails to comply with the order of the

Executing Court, under Rule 48(3) the amount can be recovered

from the Garnishee.

6. That being the statutory mandate, the Court below only

said that the property of the Garnishee cannot be attached. It is

a cryptic order. No reasons are assigned why it failed to

exercise jurisdiction under Order XXI Rule 48(3) of CPC.

PNR,J CRP No.3123 of 2022

7. However, the pleadings in the E.P., and E.A., are silent as

to nature of employment of judgment debtors 2, 3 and 4. It is

not stated whether they are employees of the Government or a

local body.

8. In the facts and circumstances, I set aside the order of the

Court below and remand the matter for consideration of

E.A.No.78 of 2021 in E.P.No.462 of 2019 afresh. The petitioner

shall file an additional affidavit giving full particulars of

employment of judgment debtors 2, 3 and 4. The trial Court

shall afford due opportunity to all the parties and pass

appropriate orders. Civil Revision Petition is disposed of.

Pending miscellaneous applications if any shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO

Date: 24.03.2023 Kkm PNR,J CRP No.3123 of 2022

HONOURABLE SRI JUSTICE P.NAVEEN RAO

CIVIL REVISION PETITION NO.3123 OF 2022

Date: 24.03.2023 kkm