CHANDRIKA THEATERS Vs. B G PANDURANGA

JUDGEMENT

(1.) This petition is by the judgment debtor in Execution Petition No.157/2012 on the file of the I Additional Senior civil Judge, Davanagere [for short, 'the executing Court']. The petitioner has impugned the executing Court's order dtd. 2/1/2014, and the executing Court by this impugned order has rejected the petitioner's objection raised under Sec. 47 of the Code of the Civil Procedure. This Court on 20/4/2016, has granted interim protection against the arrest but on the condition that the petitioner shall deposit a sum of Rs.1,75,000.00, and the petitioner has deposited this amount.

(2.) The respondent - decree holder has filed multiple applications, including the applications for early hearing and vacating of this Court's interim order with a request for release of the amount in deposit. Sri A.Gopi Prakash, the learned counsel for the petitioner, and Sri R. Gopal, the learned counsel for the respondent, are heard and records perused for disposal of the petition.

(3.) The respondent's suit in O.S.No.39/2007 is decreed by the judgment dtd. 2/7/2012 directing the respondent to pay a sum of Rs.5,00,000.00 along with interest at the rate of 12% per annum from the date of petition till the date of realization. One of the defenses taken by the petitioner in the suit is whether the civil Court has jurisdiction to try the suit, and this Issue is answered in favour of the respondent rejecting the petitioner's defense that the respondent's remedy would be under the Industrial Disputes Act, 1947 [ID Act].