High Court · 2025

Chit Funds Pvt. Ltd, , age 33 2. Ms.Ankeshwarap-u Qqcha{t!rq,_W-o. Sahodhar, Aged about36 years, Om.B usiness, R/o. H. N o.4-6- 1 2, Ku marpal ly, Han-hm kond a, War:anghl. 3. Mr.Ankeshwarapu Qgfrodhal, slo. sarangapani, Aged about 38 years, occ. Pvt. Employee, R/o. H. No. 4$-12, Kumarpaliy, Hanimkonda, Waiangdl. R/o. Hanamkonda. yeafs,

4. 147, Panthini,

5. Mr. GoliCha-nlnryrakash, S/o. Diwakar, Aged about 33 years, Occ. Business, ' R/o. H.No.11:2, Old Super Berar, Huzurab--aO, l(arimnagar. (Fiespondent No. 2 to 5 are not necessary parties to this CRP) ...RESPONDENTS lA NO: I OF 2025 Petition under Section 151 OF CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To stay the operation of docket Order dt.11.OV.2024 passed in E.P.No. 5O of 2024 on the file of the lV Add{.Junior Civil Judge-cum-Judicial First Class Magistrate; Hanamkonda, inr AA/CF/No. 687 of 2A21 Award dt.18.O2.2O22 on the file of the Deputy Registrar of Chits, Warangal, pending disposalof the CRP. Counsel for the Petitioners: SRl. TGEETA Counsel forthe RespondentNorl: N AMARNATH The Court made the following: ORDER HON'BLE SRI JUSTICE IC LAICSHMAIT CIVIL RE PETITION No.l637 OF 2025 ORDER: Heard Ms. T. Geet4 learned counsel for the petitioners and Mr. N. Amarnattu learned counsel for respondent No.l.

2. This revision is filed challenging attachment of salary warrants dated 11.07.2024 in E.P. No.50 of 2024 of teamed IV Additionat Junior civil Judge-cum-Judicial Magistrate of First Class, Hanamkonda.

3. Respondent No.l herein is the decree-holder, while the petitioners henein are judgment debtor Nos.3 and 4 in E.P. No.50 of

4. It is the specific contention of learned counsel for the petitioners - judgment debtor Nos.3 and 4 that the Executrng Court without issuing rrctices, issued warrant of salary attachments, whereas, it is contended by learned counsel for respondent No.l - decree hotder that there iS no need to issue notice to the petitionens as the E.P. was filedwithintwo (02) years from the date of Award. -' ,..,,- , . (\ r-. 2 Kr-t CR.E No.I617 of2o:rj

5. It is also the contention of the petitioners that the award is an ex prtc award. tramed Arbitrator had passed the award without serving notice on the paitioners and affording thern an opportunity. 6: Perusal of reeord would reveal.that respondent No.2 is the chit subscriber for the value of Rs.25.00 tri*fis, white the petitioners herein and respondentNos.3 to 5 stood as guarantors. As respondent No.2 committed default in payrng the balance chit instalknents, repondent.No.l filed an application under Section - 64 of the Chit Furid Act, 1982 against the petitioners herein and respondent Nos.2 to 5 for recovery of Rs.13,98;00lt- vide AA/CFA.{o.6g7 of 2021. Thereafter, vide order datd 18.02.2022, learrred Deputy Registrar of ChiS, Warangal, allowed the said application with interest @ lgo/o per aruum on.Rs.10,73,960/- and costs oa Rs.l5,525l-. The learned Deputy Registrar of Chie also issued a Recovery Certificatc under Section - 71, Rule 55 of the Chit Funds Ac! l9g2 on the said date. Evan then, the paitioners herein and respondent Nos.2 to 5 fuiled to couply with the said awud. Thercfore, respondent No-l had filed an execution petition vide E.p. No.50 of 2024 on 01.02.2024 seeking n#liZetion of the awarded amount by way of attachment of salaries 3 KI.' CRP No I 637 of2025 against ttrc petitioners herein. Vide order dated 11.07.2024' learned Execucing Court issued warrant of salary attachments against the

7. With reggrd to the contention of leamed counsel for the petitioners that without issuing notices to the petitioners leamed Executing Court issued warant of salary attachments. In view of the same, this Court catled for tlre original record from the Executing Court. Perusal of original record would reveal that the date of award is 18.02.2022 and respondent No.l- decree holder filed E.P' No'50 of 2O24 on01.02.2024. Thus, the decree holder filod the said E P' within two (02) years of the date of award.

8. It is apt to ngte thal as per Order - )Ofl, Rule -22 of CPC, if an execution petition is filed within two (02) years of the date of decree, no notice is required to the judgment debtor, and thereby allows the Executing Court to pass orders for attachment or other st€p6 to execute the decroe without delay, preventing urreasonable delays in the execution process. Therefore, the contention of leamed counsel for the petitioners that without issuing notice to the petitioners, leamed Executing Court issued warrants of salary (- a 4 KI. J CR! No. 163? of2025 attachment is unsustainable. Thus, this Court does not find any error in issuing warrant of salary attachmenb by leamed Executing Court.. g.. The other contentions raised by tearned counsel for the petitioners that the docree holder collected amounts ftom the chit subscriber, ttrit the interest awarded is on higher side; the, decree holder has to proced against the chit subscriber first ek., do not find any merit to consider at this stage.

10. With regard to the contention of the petitioners that the awmd is aa ex Wrte award and it was.passed without putting the petitioners on notice and without affcnding thern an opportunity of hearing, it is aF to note that there is no ehallenge tb the said award. If the petitioners are aggrieved by. the said awan( they have to take steps clnllenging the said'award. Howcver, on receip of eotire amount including interest and pendent rrre intercst, either respondArt No.l _ decree holder has to file a fuH-satisfaction memo before the Executing Court seeking to terminate the execution proeeedings in E.p. No.50 of 2024, or els", learned Executing court can terminate the said execution proceedings suo motu. Therefore, the prcsent revision is devoid of merits and the same is liable to be dismissed. : : I I i I i { 5 KI., CRP No.l637 of206

11. The present iirit Revision Petition .s aqcordmgly dismissed. tn the circumstances of the ceses, there shatl be nq.order as.to costs. As a sequel thereto, miscettaneous petitions, if ariy, pq{ing in the revision shall stand closed- : . .j ' . : 'i, SD'- K:bHAVANI SWAIUY.. ASSISTANT REGISTRAR . ,,TRUE COPY'/ SECTION OFFICER To,

1. The lV Addl. Junior Civil Judge-cum-Judicial Fitst Class Magistrate, Hanamkonda

2. One CC to SRI T GEETA Advocate [OPUCJ 3. One CC to SRI N AMARNATH Advocate [OPUCI 4. Two CD Copies GR/PSL w D .o4t0u2a25 CRP.No.1637 of 2025 .' ,'... ,:. \ o 14 li'ilJ ?iffi * * t) SMISSING THE CRP Godo &F