Bandari Swaroopa, vs M/S. Margadarsi Chit Fund Pvt Ltd.,
2025 Latest Caselaw 5706 Tel

Telangana High Court

Bandari Swaroopa, vs M/S. Margadarsi Chit Fund Pvt Ltd., on 26 September, 2025

Author: N.Tukaramji

Bench: N. Tukaramji

     THE HONOURABLE SRI JUSTICE N. TUKARAMJI

     CIVIL REVISION PETITION Nos.3575 and 3597 of 2025

COMMON ORDER:

Having regard to the fact that the petitioners are the

judgment debtors 1 and 3 in the decree passed in Arbitral

proceedings and they are contesting the issuance of attachment

warrants, these revision petitions are heard together and are being

disposed of by this common order.

2. These Civil Revision Petitions have been filed assailing the

attachment orders passed in E.P. Nos. 18 and 106 of 2025, arising

out of ARB Nos. 12 and 14 of 2024, on the file of the learned

Principal Junior Civil Judge, Mancherial.

3. Heard learned counsel for the petitioners and Ms.P.Durga

Prasad, learned Standing Counsel for Margadarsi Chit Fund

Company/respondent No.1/DHR holder.

4. The revision petitioners are JDR Nos.1 and 3 respectively.

5. Learned counsel for the petitioners submits that the revision

petitioner/JDR Nos. 1 is ready and willing to discharge the entire

decretal dues. It is further submitted that, he is on the verge of

retirement, he is particularly concerned that his salary should not

be subjected to attachment at this stage.

6. Having regard to the submissions advanced, and in view of

the categorical statement that the revision petitioner/JDR Nos. 1

is prepared to clear the entire decretal liability, this Court is of the

considered opinion that an opportunity ought to be afforded to

them to liquidate the dues directly before the Executing Court.

This direction is consistent with the settled principle that the

object of execution proceedings is the satisfaction of the decree

(see. Topanmal Chhotamal v. Kundomal Gangaram, AIR 1960 SC 388),

and that coercive processes such as attachment are not to be

continued once the judgment debtors demonstrate bona fide

readiness to satisfy the decree. Accordingly, the petitioners are

directed to approach the Executing Court, place the willingness on

record, and discharge the decretal dues. Upon such compliance,

the Executing Court shall pass appropriate orders, including recall

of the attachment orders, in accordance with law. Such exercise

shall be completed within a period of four (04) weeks from the

date of receipt of a copy of this order.

7. With this direction, these Civil Revision Petitions are

disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 26-09-2025 mmr/nit