UNITED BREWERIES LTD Vs. KARNATAKA BANK LTD

JUDGEMENT

(1.) THE appeal is filed against the order passed in exhibit No. 631 of 1991 on the file of the 19th additional City Civil Judge, Bangalore. The appellant is the garnishee. The first respondent, karnataka Bank, is the decree holder and the other respondents in the appeal are the judgment debtors.

(2.) THE material facts relating to the case are stated thus: The first respondent decree holder obtained a decree against the judgment debtors in O. S. No. 1759 of 1988 by virtue of the compromise entered into between the parties. An application came to be made under Order 21, rule 46 for issuance of prohibitory order against the garnishee, the revision petitioner, for a sum of Rs. 5,66,365. 66, pursuant to which the garnishee deposited the amount in the court after contest. Subsequently, the decree holder made an application for directing the garnishee to deposit the accrued interest liability payable under decree in a sum of Rs. 13,70,555. 70. The trial court after hearing the objections, directed the garnishee to deposit the amount of Rs. 13,70,551. 70. Being aggrieved, the garnishee filed the appeal.

(3.) THE short questions that arise in the appeal are : (1) whether the liability of the garnishee extends to the entire liability of the judgment debtor or (2) whether it is restricted to the amount mentioned in the prohibitory order and the notices issued under Order 21, Rule 46 of the Civil procedure Code.