The High Court · 2025

B,rindavan Chits Karimnagar, (lndia) Private Ltd., H.No.7-2-6.16, Mankammathota Karimnagar Branch, Rep.by its Foreman Sri ihinta Chandra thekar S/o.Kailasam, aged about 49 yeais, Occupation Director of above chit fund. ...Petitioner/J.Dr. No.2 2 Thangella Narsinga Rao, S/o.Surya Rao, aged about 46 Mysore Sweel and Bakery, Kalyahagar, Go-davarikhani, Kalyanagar, Godavarikhani, Peddapalli District. ...RespondenUDHR years, Occ.Prop M/s. R/o. H. No.'19-6-384, 3 ygSjll flnjaiah, S/o.Ashalu, aged about 40 years, Occ.Municipal Contractor, R:/o.H.No. 18-6-17411, Kalyanagar, Godavdrikhani, peddapalii District. 4. Mamidi Shankaraiah, S/o.Narsaiah, aged about 53 years, Occ.Senior Line lnspector, O/o.TSNPDL,.Raikat Jagtia.i, R/o.e.No.G:1 3,.6-Colony, Ramagundam, Peddapalli District. -

5. Rangu Sriniv-as, S/o.Ramaiah, aged about 50 years, Occ.prop. M/s.Surya Graphics, Offset Printers and Xeiox, Laxminadar, Godavariktiani. R/o.H.No. 16-9-285, Kalyanagar, Godavarikhani, peddapalli District.

6. Qyrqm Upender, !lq.Lqx11i1_a.rqyana, aged about 49 years, Occ.Assistant Chairman, O/o-. SCCL, RG M;l l.Area, OC-3, Ramagunilam, R/o.e. N o.D -1 20, Shivajinagar, Godavarikhani, Peddapalli District. -

7. Muthoju Ramesh, S/o.Venkatakistaiah, aged about 45 years, Occ.M/s. Sai Trader, Near Rural police Station, Karimnagar, Rl/o.H.l'lo. 4-6-35, Thilka road, Near B SK Jewellers, Karimnagar, Karimnagar District. ... Responde nts/J DR No.1,3 to 7 8. The Superintendent Engineer, O/o.T.S.Genco Ltd, RT{}-B Station, Peddapalli, Peddapalli District. (Respondents 2 to 7 are not necessary parties to ttre above CRP) ...RespondenUGarnisheee lA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to grant stay of all further proceedings including attachment of petitioner's salary pursuant to the attachment order dated 24-08-2024 in E.P.No.40 of 1t024 in ARB.No.627 of 2022 on the file of the court of the lV Additional Junior Civil Judge, Excise at Karimnagar, Karimnagar District, pending disposal of the abcve CRP, Counsel forthe Petitioner: Sri Vadlakonda Ravi Kumar Reddy Counsel for the Respondent No.'l : Sri G Vasantha Rayudu Counsel forthe Respondent No.2 to 7 : The Court made the following: ORDER l I i i l1 HON'BLE SRI JUSTICE K. LAKSHMAN CTVIL REVISION PETITION No.3777 of2Q24 ORDER: Heard Sri V.Ravi Kumar, learned counsel for the petitioner and Sri G.Vasantha Ra5rudu, learned counsel for the respondent No.1. Perused the record'

2. This Civil Revision Petition is frled under Section 115 of C.P.C. challenging the attachment order' dated 24.Oa.2O24 in E.P.No.4 of 2024 in ARB'No'627 of 2022 by IV Additional Junior Civii Judge (Excise), Karimnagar'

3. Respondent No.1 has hled an application uide ARB.No.627 of 2022 before the Arbitrator/Depury Registrar of Chits, Karimnagar, claiming an amount of Rs.1 1,12,3 1 7 / - along with interest' He has passed an award, datecl 24.O8.2024 holding that the petitioner and other J.Drs. are jointly and severally liable to pay the said amount to respondent No'2 herein' Recovery certificate' dated 13. 12.2023 was a-lso issued' C R P.l;a .3777 of 2 J KL, 4o2 2

4. Thereafter, respondent No.1 has filed c:xecution petition uirJe E.P.No .4 of 2024 for execution of the said au,ard. Vicie impugned attachment order, dated 24.08.2024, the Executing Court directed the Salaqr Disbursement Officer of the petitioner/.1'.Dr.No.2 withheld an amount of Rs.13,28 ,48I I - from the salary of the petitioner and remitted to responden.t No.1. Challenging the said attachment, the petitioner filed present Civil Revision Petition.

5. Learned counsel for the petitioner would contend that the learned Executing Court has issued similar salar5r attachment order in respect of J.Dr.Nos.4 and 6. Thus, the Executing Court withheld entire awarded amount of Rs. 13,28,481 l- from the petit:loner as well as J.Dr.Nos.4 and 6. Therefore, the same is in violation of the procedure iaid down under the Contract .'\ct, Chit Funds Act and also the principle laid dourr by tlils Court uide order, dated 03.05.2024 in C.R.P.No 7237 ctf 2024. 7 I \ KL,J C.R-P.No.3777 oJ 2o24

6. As rightly contended by the learned counsel for the petitioner tha.t the learned Executing Court has issued the attachment order, dated 24.08.2024, directing the Salary Disbursement Offrcer of the petitioner, J'Dr'Nos'4 and 6 to withhold an arnount of Rs'13,28,481 /- i'e', entire awarded amount. Thus, executing Court cannot order attachment of the entire award from salaries of the petitioner/J.Dr.No.2, J.Dr'Nos.4 and 6' It amounts to recovery of 3 times of the amount awarded in the said award. The same is impermissible' Therefore, the said attachment order is in violation of the procedure laid down under the Contract Act, Chit Funds Act and also the principle laid down by this Coutt uide order' dated O3.O5.2O24 in C.R.P.No.1237 of 2024' Thetefore, on the said ground the impugned attachmEnt order is liable to be set aside and is accordingly set aside' l { (

7. AccordinglY, the C.R'P' Executing Court shall decide the E'P'No'4 of 2024 ARB.No.627 of 2022 strictly in accordance with the disposed of and the 1n 1S KL,J C.R.P Na 3777 of 2024 1 f-r procedure laicl clown under the Contract r\ct, Chit Funds Act and also the principle laid down by this C<'turt uide order, dated 03.05.2024 in C.R.P.No.72i\7 of 2024. No Asa sequel, the miscellaneous p€rtitions. if any, pending in this Civii Revision Petition shatl stand closed. //TRUE COPY// Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR ER \ \ To, 1 The lV Additional Junior Civil Judge, Excise at liarimnagar, Karimnagar Dislrict

2. One CC to Sri Vadlakonda Ravi Kumar Reddy, Advoc;ate [OpUC] 3. One CC to Sri G Vasantha Rayudu, Advocate [OpUC] 4. Two CD Copies ADI(/DL HIGH COURT DATED:31 10112025 ORDER CRP.No.3777 ot 2024 DISPOSING OF THE CRP \\ sTa ,{: I ,'. 6t.. 1 1 I:EB 2025 I liI