High Court · 2025

3. Mr. Raji Reddy Chendireddy, S/o. C. Bapu Reddy, aged about4T years, R/o. Plot No.A-'10/4 Sy No.533, 534, Alwal Ghmc, Alwal, Secunderabad.

4. 1r/r. V. Bala Krishna, S/o. V. Venkateshwarlu, aged about 38 years, R/o. H. No. 2-2-1167 lNC, Chaitanya Nagar, Tilak Nagar, Hyderabad.

5. Mr. Venu Gopal Miryala, S/o. M. Ram Chander, Aged about.47 years, Occ. Photo Artist, EMP No.255852'1, Osmania General Hospital, Afzalgunj, Hyderabad.

6. Mrs. Swetha Miryala, Wo. Ajay Kumar, Aged about.34 years, Occ. H_ouse. Wife, R/o. H. No. 2-3-703ll(14l5, Paradise Enclave, Maruthi Nagar, Golnaka, Amberpet, Hyderabad.

7. Mr. Somesh Gajji, S/o. Bikshapathi G, Aged about.31 years, Occ. Business, Fi"/o. H. No.'l -3- 1 I 1 4 I 3, Kav adiguda, Secunderabad. ...RESPONDENTS/ DECREE HOLDER (The Respondents No.2 lo 7 are not necessary parties to this CRP) lA NO: 2 OF 2024 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all the further proceedings in EP No.822 o'f 2024, on the file of Court of the XIX Junior Civil Judge, City Civil Court, at Hyderabad till the disposal of the above Civil Revision Petition. Counsel for the Petitioner: SRI. NARSI REDDY PESARA Counsel for the Respondents: BALGURI SRINIVAS ( COUNSEL For Rl) The Court made the following: ORDER: HON'BLE SRI JUSTICE LAXMI NARAYANA ALTSHETTY CIVIL REVISION PETITION No.3 198 of2024 ORDER: This Civil Revision petition is filed aggrieved by order dated

05.08.2024, passed by the XIX Junior Civil Judge, City Civil Court, Hyderabad, in E.p.No.822 of 2024 in ABR.CF.No.4l7 of 2021, whereunder warrant was issued under Order XXI Rule 4g CPC attaching the salary of the petitioner. 2. When the matter is taken up for hearing, Sri Narsi Reddy Pesara, leamed counsel for the petitioner, submitted that the issue involved in this Revision petition is squarely covered by judgment of this Court in Prattipati Srinivasa Ruo Vs. Shriram City Union Finance Ltd, Kodud snd otherst and prayed this Court to dispose of the present Civil Revision petition in terms of the said judgment. 3. Sri B.Srinivas, leamed counsel for respondent No.l, has not opposed the said submission.

4. In view of the above submissions, this Civil Revision Petition is allowed, in terms of the judgment passed by this Court in Prattipati Srinivasa Ruo's case (cited supra), and the impugned 1 2023(4) ALD 53s(TS) Z LNA, J CRP.No.3l98 of2024 order is set aside and the matter is remanded to the trial Court with a direction to pass orders afresh in accordance rvith law duly considering thc aspects as mentioned rn Prattipati Srinivasa Rao's case (cited supra)

5. Pending Miscellaneous Applications, if an1,, shall stand dismissed. No costs SD/- B.G.VYJAYANTHI ASSISTANT REGISTRAR i //TRUE COPY// SECTI OFFICER To,

1. the XIX Junior Civil Judge, City Civil Court at Hyderabad' 2. One CC to Sri. Narsi Reddy Pesara, Advocate [OPUC] 3. One CC to Sri Balguri Srinivas, Advocate IOPUC] 4. Two CD CoPies. PSK /PSL Vt- HIGH Court DATED: 0210412025 (1 (o 18 SEP .) \ -'i::. '1.'. ..\ .. ,)\ 'i'\ zon il D5.,; i,ar.C,.rEi . --2' --,.-'-. ORDER CRP.No.3198 of 2024 ALLOWED THE CIVIL REVISION PETITION G.o\'f"L w 66w i i t i I I I ; I i i I I I : I I w THE HONOURABLE SRI JTJSTICE K.LAKSHMAN CI L REVISION PETITION NOs.l33 AND l5l OF 2023 COMMON ORDER Heard Sri Nageshwar Rao l)ujari, leamcd counsel tbr the petitioners in both the revisions and Sri N.Srikanth Goud, learned counsel appearing for respondent No.l . Perused the record

2. Questioning the order dated 24.08.2022 in E.P.No.29 of 2021 in ARB No.l80 of 2020 passed by learncd V Additional District Judgc, at Miryalaguda, the pctitioncrs hclcin in both thc rev isions/J.Drs. 2 and 3 therein have filed the aforesaid revisions Facts of the casc:-

3. On the application filed by I'r respondcnt, an award datcd

06.01.2021 passed in arbitration application vide ARB No.l80/2020 under Arbitration and Conciliation Act, 1996 (f or short, the Act'), against the pctitioners and Smt.Prathipati Shirisha (J.Dr.No.l). Thcy have not filed any application under Section 34 of the Act challenging the said award and it attained firrality. Therclbrc, l '' respondenUDecreeholder had filed an Execution Petition vide E.P.No.29 of 202 1 under Section 36 of the Act seeking execution of the said award. Vide order datcd 24.08.2022, leamcd V Additional District -! -i Judgc at \{ir1'alaguda has passcd an ordcr- of attachment of salary of both the pt-titioncrs to an extent ol Rs.4,10,258/- due to the Decreehokler undcr the Degrcc. The leamed Judge also rcquired thc Drarving Ol'lieer i.c. Head Master in ZPHS School at Lingagiri Villagc. Huzurnagar \'lanclal, Suryapet District, ro withhblcl the saiil surn lionr thc salary of thc petitiuners in 24 rnonthly instalments and to remit thc samc to thc said Cour1. Challengirrg the said order, the petitioners have filed the present rcvis ions.

4. [.carnecl counsel fbr the petitioners in both thc revisions rvoulcl subnrit that thc petitioners have not filed any application uudcl Scctiorr 34 of the Act and lrorvever. the t't respondent/Decreeholder canrlot scek cxccution ol the albrcsaid award dated 06.01.2021 to recovcr clccree anrorLnt of Rs.4,10,258/- each from botli the petitioners. It anloul)ts to doublc thc dccree arnount.'fhc said fact was not considered b1' tlrc CoLrrr bclo'"v rvhile passing ilnpugned order dated 21.08.2022. Evon l'r lcsponclcnt did not mention thc said aspect while tiling E.xecution I)ctilion under Section 36 of thc Act. With the said suburissious, lre sought to set asidc both the ordcrs.

5. \Vlicr-cas, k:amcd counsel appearing for 1" respondent would subrrit that i'' rcspondent had filcd E.P.No.29 ol 2021 under Section 4 36 of the Act in terms of Order XXI Rule 4g of CpC, wherein there is no provision to seek execution of the award by mentioning the amount proportionately. Therefore, lst respondent had filed Ep in tenns of Order XXI nLle 48 of CPC. Considering thc said fact, thc Court below had ordered attachment of salary. However, .hc fhirly subnrits that necessary orders rnay be passed considering thc provisions of the law to cnable l" respondent to recover the award amount ti.om both the petitioners.

6. There is no dispute that on thc application filed by l.' lcspondcnt vide ARB No.I80i2020, order dated 06.01.202I was passe<l by thc Arbitrator awarding an amount of Rs.4,10,25gl_ along with the interest at the rate of l8% from 12.02.2020 to 16.09.2021 on the said amount from the petitioners and J.Dr.1 .

7. No application under Section 34 of the Act rvas filccl by the petitioners/J.Drs, challenging the said award ancl theretbre, the said award attained iinality.'l'hey have also not paid thc afbrcsaid amount. 'l-herctbre, I" rcspondent had filed Execution petition r.ide E.p.No.29 of 2021 under Section 36 read with Order XXI Rulc t I (2) ol CpC before the V additional District Judge, Miryalaguda, for an amount of Rs.4,10,258/- seeking exccution of the aforesaid award. Thus. vide 5 impugncd ordcr, lcarned Judge, directed the Drawing Off-rcer to rvithhotd an aurolurt of Its.4,10,258/- cach fronl both the petitioners/ J.Drs.2 and 3. lf thc said aurount is recovcred, it lvould be Rs.8,20,5 16,- u'hicir is impermissiblc. I't respondcnt is entitlcd lor only Rs.4.10,258 i.e. au'ard atlottttt tlotl thc pctitioirers herein/-l.Drs. together.

8. [t rs relevant to note that sectiotl 36 ol the Act deals rvith Enftrrcernont of Award and the same is rclevatlt for the purpose of considering lhe lis in the present revisions and it is cxtracted bclow:- Scotion l6: []o [blccrneut. Where lhe tirne lor making an application to set asiclc the a-lritL'al z\rvarcl untlcr sectiou 34 has expircd. or such applicatton having bce,r rnrde. it has been tefused, the arvard shall bc cnforced under the Clode ol'Cii il Ptoccclurc. 1908 (5 ol t908) in the safiIe rnanncr ers if it rvcrc a decrcc ofthe C'ortrt. (2) Whcrc an applicalion to set asidc the arbitral award has been frled in the Couft und(r section J4, the filing of such an application shall not by itsell rcnder that au,ard ulerltrrceabls, unless the Court grants an order of stay of the opcrirti,Ir rrf thc saitl arbitral award in accordauce rvith the provisions of sub-sectior (-l ). ou a separate application made ti)r that purpose. (3) Upon lLling ol an application uttder sub-sectiou (2) Ibr stay of thc operattru cl'the albitLal arvard, the Court may, subjccl to such conditions as it rnay deeu fit. grart stay of the operation of such award for rcasols to be rccorded ir u r iting: Providccl lhat lhe (lourl shall, whrle consideriug thc apphcalion for graut of stay in tlre casc o[ art arbitral arvard for paytnent of ttloney, havc due regard to lhc pror isions fbr grarr of stay of a money dccrec under the provisions ol the Codc ot Cii il I'rocedurc, 1908 (5 ol 1908). Order XXI Rrlc ll (2) of CPC:- Writteu applicatiou- Save as otherwisc provided by sub-rulc(1), every applicatlorr lol thc cxecution of a decree shall be in rvriting, signed aud 6 verilled by the applicant or by solne other person proved to the satistaction of the Court to be acquainted r,vith the iacts of the casc, and shall contarn tn a tabular form the following particulars, namely- (a) the number of thc suit: (b) the names ofthe parties, (c) tlle date ofthe decree; (d) whether any appeal has been prelerred from the decree; (e) rr4rcther any, and (if aly) what, payment or other adjuslment of thc mattcr in controversy has been made between the parties subsequently to tlre rlccree; ([) rvhethcr any, and (if any) what, previous applicatiors have becn uracle tbr thc execution of the decrec, the dates of sucli applications and their results. (g) lhc amount u.ith interest (il any) due upon tho decree. or other rcliel. granted thercb1,, togethcr with paniculars ol any cross_decree, u,hetlier passed bcfbre or atier the date of the decree sought to be executcdl (h) tlre arr.roult of the costs (if any) arvarde<i; (i) thc namc ol the person against whom execution of thc decrce is souqht; () the mode in rvhich the assistance of the Court is required lvhether_ (i) (ii) by the delivery ofaty property specifically dccrecd; by the attachment, or by the attachment ancl salc. or by the sale without attachment, of ary property; (iii) by the arrest and detention in prison of any person; (iv) by the appomtment ofa receiver; (v) otherwise, as the nature of the relief grantcd may roquirc. Ordcr XXI Rule 48 of CPC Attachment o[ salary or allowances of servant of thc Govcrnment or railway company or local authority.- (l) Where the ploperty to be attached is the salary or allowances ol a ser'a,t of the Governrnent or of a servant ofa railway company or locaI authority or ol a servant of a corporation engaged in any trade tr industry wliich is establishcd by a Central, provincial or State Act, or a Govemment cornpany 7 asdefincdinselrtior6lTof thc Cornpanies Acl, 1956 (l of 1956)l thc Court, u,hether th:.irrdgrlren(-dcbtor or the disbursing oll-lcer is or is n(rl within the bcat liLnits of the Court's jurisdiction, uray order that the alnount shall, subject 10 tlre provisions of section 60, be rvithhekl from suclt salary or allorvances cithcr in otlc pa,vment or by lnonthly instalments as thc Coufi may direct; antl upott ttolicc of tlre order to such offlcer as thc a]lproPriate Govr:murcnt rray by uottficatioLr irr lhc Offlcial Gazeltc appoinr ir this behalL- (a) wlrere sLLch salaty ot allowances ate to be disbursed rvithin thc local lirnits to rvhioh tlrrs (lotlc lbr tlre timc being cxtetrds. thc oflicer or other Pcrsor ru'hosc dut',,it is to disbulsc the sanc shall rvithhold and rcrnit to tllc Court tlre amounl duc u[dct the ordcr. or thc tuonthly tnstalments, as tlre case uray be: (b) rvhclc such salary or allorvances aro to be disbursed bcyord rhe said lirnLts, thc ol'ljccr or othcr pcrson u'ithin those lir.its rvhose dutf it is tt' instrucl thc rlisbrLrsing aulhoritl' tcgardtng thc amount o1' the salary or allorvalces lo bc rlisbursctl sltall lcrnil to the Clourt the aLnount due uldct the order, or llrc rnonthly instaLlnsuts. as LIlo case tlay bc, attd shall direct thc disbursilg authorilv to rctlucc thc aggregate 01-the alnoullts lrolll tilrc to timc, t(l bi rlrsbursed b1' the aggrcgale ol thc amounls liom litrle ttr time rc[ritted ti tl]c ( ourt. (2) Whcrc tlle attachabLe propcxtion of such sirlary or allor,'ances is alrcady being rviLhheld and lcmitted to a Coufi in putsuance of a previous and unsatisfied ordcr of attaqhment. thc ollicer appointed by thc uppropriate Governlncllt ill this bchall'shall lorthwith rcturn the subscqueut ordor to the Court rssuiLrg it rvrth a tult staternctlt ol all thc particulars of the existing attachDrcnt (l) Evcty ordcr rradc under this rulc. uuless it is returlcd itr accordauoc rvith thc pro\isions r,[ sub-ruic (2) shall. \\'itllout fitr ler notice or othct process, bind thc appropriatc Governtncnl or tlre railrvay comPany or local authority or corporilliorl ol (lovcrnment colttpally, as tllc case rnay be. rvirile the judgrnclt-dcbtol is urthin the locaL linrits to u4rich this Code lbr the time bcing cxtelds ancl rvlule he is bcyond thosc liurits, if he is in rcceiPt ofary salary or rllorrances payablc out olthe Consolidated liuud of India or the ColsoliriaLed Frrntl ot lltc State or lhc lunds o1-a ratlu'ay ctltttpauy or local authorjty ()[ corporaliorl or Goventtnenl colllpany ili India; arrd the appropriatc Govcrnment or the rail\vay cotnpary or Iocal authority or co4)oratiou or (iovertrtttcttl conpany, as the casc t.nay bc, slrall be liablc for any surn paid il coltravetttion o[ this Lule. !-xplanatlon. [n this rule. "appropriatc Govemtlelt" urcans,- 8 (i) As respects any person in the service of thc Central Government, or any servant of a railway administration or of a cantontncnt authority or of the po; authority of a urajor port, or any servant of a corporation engaged in ;rly trade or indlrstry r,,4riclr is established by a Central Aot, or any servant ol a Govemment cornpany in r.vhicli any part of the share capital is held by the Ccntral Governrnent or by more than one State Gouc_m"nt, or partly by the Central Government and paftly by one or more State Govemments, the Cet)tra I GovelllureDtt (ii) As rcspects any other servant of thc Governtncnt, or a servant ot.any othcr local or. othcr authority.,ot. any servant of a corporation engaged in any tradc or induslry which is established by a provrncial or State act, or a servan[ of any otller Govemnlcnl company. the Stale Covcmment.l 48A. Attachrrlent of salary or allowances of private employces._ (l) Where the propcrty to bc attached is the salary or allowances of an crnployee other tllan an cmployee to rvhom rule 4g applies, the Court, where the disbursing ollicer ol thc employee is within the local lirnits of the Court,s jurisdiction, rr ay order rhan the arnount shall, subject to the provision of secrior 60, be rvithheld fiom such salary or allowances either in onc payrnent or by nronthly, installnerts as the Court may dircct; and upon notice ol the order to such disbursing o[1icer, such disbursing ofticer ihall rernit to the court the amount due under the order, or the nonihly instalmcnts, as the case rnay bc. (2).Wherc the attachable portion of such salary or allowances is already being withheld or rcmitted to the Court in pursuance of a previous and unsatisfied order ol attachment, tlte disbursing otficer shail forttrwith return the subsequent ordcr to trre court issuing it rvith a fulr statement ol alr thc pafticulars of the existing attachrnent. (3) uvery orcler madc under this rule, unless it is rctr[ned in accordance with thc provisions of sub-rule (2), shail, rvithoul further notice or other process, hind the employcr rvhire the judgrnent-debtors, is within trre locar limits to rvhicli this Code tbr tlie time being extcnds and while hc i. O"yonA tlor"_ Iimi(s, il he is in receipt of salary or allowances payable out of the funds ol an ernployer il aly part of'lndia, and the employei sirall be liable fbr any surn paid Ll contraveltion of tliis rule.]

9. The albresaid relcvant provisions would reveal that for realization of the amount covered under the arbitration award, the l.r respondent has to filc an application under section 36 of the Act and 9 Order XXI Rule I I (2) of CPC. Accordingly, l'r rcspondcnt had filcd tlrc aforesaid Erecution Petition vidc E.P.No.29 of 2021 . There is no referencc rvith rcgald to modc/ploporlion of thc amoullt to rcalize fiom the J.Drs. uncler Ordcr XXI Rule 48 of CI'}C

10. It is also rclcvant to note that Scction 146 of C'ontract Act. 1872 dcals rvith liability of co-sureties to contribute equally and thc samc is also relevant and it is extracted bclorv:- Scction l.l6 oI thc Contract Act. I 8 72-Co-s u reties liablc to contr ihu tc cqually Wherc tu,o or Lnorc pcrsous arc co-sulcties fbr tlre sarne debt or duty, eithcr lointly or serer.alll, al)d \vlrether uncler the saLnc or cliffcrcnt corltracts, and whcther rvitir or witholrt the knowledge of each olhcr, thc co-suretics, in the abscnce of a[y contracl to thc oonlrary, are liable, as bet$,een tltenrselves. to pay each arr cqual share ol the wlxrle debt, or ol that part of it which rcmains unpaid by thc prilcipal dcbtor'.

11. Thcrclorc thcrc is no considcratiou of the aforc:said aspects by tlic Courl bclow in the impu-uncd salary attaclunent order datecl

24.08.2022.

12. As drscusscd supra. ['' respondent cannot recover double the arvarded amount from thc petitionersi.l. Drs. and it is cntitled for only award amoul.rt i.c. Rs.4,t0,258/- from thc J.Drs. togcthcr.

13. It is rclcvant to llote that thc lcamcd counscl appcaring for l't respondcllt fair'[y aclmitted that 1't respondent is entitlecl lor only an I i i l l0 amount of Rs.4 ,10,2581- liom the petitioners/J.Drs. as per the aforesaid award datcd 06.01 .2021 in ARB.No.lg0 12020. The irnpugned order dated 29.08.2022 in E.p.No.29 of 2021 in ARB No.l80 of 2020 passed by lcamed V Additional District Judge, at Miryalaguda is liable to be set aside.

14. In view of the albresaid discussion, both the Civil Revision Petitiorrs are allowed. Thc impugned ordcr datccl 24.0g.2022 in E.P.No.29 of 2021 in ARB No.lg0 of 2020 passed by learned V Additional District Judgc, ar Miryalaguda is set aside and the matter is rernanded baok to the leamed V Atlditional District Judge, Miryalagda with a direction to consider the aforesaid aspects and pass orders a{iesh. Liberty is also granted to l.,rcspondeut to seek rccovery of the anrount awarded vide award datcd 06.01.2021 in ARB.No. lg0 of 2020 proporlionatcly fiom the petitioners hcrein/ J_Drs.2 and 3. Consequently, misccllaneous petitions, if any, pending, shall also stand closed. Date:02.03.2023 Nofe: L.R. Copy to be marked. K. LAKSHMAN, J a