Mr.Kamble Satyanarayana vs M/S.Vasuprada Chits Pvt. Ltd..
2023 Latest Caselaw 4100 Tel

     THE HONOURABLE SRI JUSTICE P. SAM KOSHY


          Civil Revision Petition No.3314 of 2023


ORDER :

The instant Civil Revision Petition has been filed by

the revision petitioner / Judgment-Debtor No.4 under

Section 115 of Civil Procedure Code, 1908 assailing the

order of warrant for attachment of salary, dated

08.05.2023 passed in E.P.No.49 of 2022 in ABR.CF.No.534

of 2019, by the X Junior Civil Judge, City Civil Court, at

Hyderabad.

2. Heard Mr. Praveen Bonkuri, learned counsel for the

revision petitioner / Judgment-Debtor No.4.

3. During the course of hearing, and on a query put

forth by this Court to the learned counsel for the revision

petitioner as to whether the award passed by the Deputy

Registrar of Chits / Arbitrator Medchal-Malkajgiri District,

at Medchal in A.A.C.F.No.534 of 2019, dated 22.09.2020,

has been challenged or questioned before any Court of law,

learned counsel for the revision petitioner fairly submitted

that the same is not under challenge.

                              ::2::                          PSK,J
                                                    crp_3314_2023

4. Given the fact that the award passed by the Deputy

Registrar of Chits / Arbitrator Medchal-Malkajgiri District,

at Medchal in A.A.C.F.No.534 of 2019, dated 22.09.2020,

is not under challenge, and by efflux of time the same

attains finality and becomes executable. Therefore, the

instant E.P. proceedings being drawn by the Court below

cannot be interfered with by this Court. The same cannot

be held to be illegal or beyond the scope and jurisdiction of

the said Court, nor can there by any perversity alleged on

the part of the Court below in entertaining the said E.P.

5. In the absence of any challenge to the award by the

Deputy Registrar of Chits / Arbitrator Medchal-Malkajgiri

District, at Medchal in A.A.C.F.No.534 of 2019, dated

22.09.2020, this Court does not find any merit in the Civil

Revision Petition. Therefore, the Civil Revision Petition fails

and the same is accordingly dismissed. No costs.

6. As a sequel, miscellaneous applications pending if

any in this Civil Revision Petition, shall stand closed.

___________________ P. SAM KOSHY, J Date : 17.11.2023 Ndr