NAGAPATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are filed by same petitioner seeking similar reliefs on similar facts and grounds against common respondent/s. Therefore, they were clubbed together, heard and disposed of by common order. For sake of convenience, specific facts of referred to would be those in W.P.no.102043/2024, filed seeking following reliefs:

(2.) Sri Vishwanath Hegde, learned counsel for petitioner, submitted that petitioner was judgment debtor ('JDr' for short) in Ex.no.21/2022 on file of Senior Civil Judge and Prl. JMFC, Yellapur filed by respondent-decree holder ('DHr.' for short) for execution of Arbitration Award dtd. 21/9/2021 in no.AR21/ABN/27/2018-19, wherein order for recovery of Rs.24,25,966.00 along with interest at rate of 9% p.a. and costs of Rs.21,775.00, was passed.

(3.) It was submitted Arbitration Award was unsustainable as DHr had failed to establish liability of JDr by producing relevant records and accounts statement. Therefore, JDr had filed application under Sec. 151 of Code of Civil Procedure, 1908 ('CPC' for short) seeking direction to DHr. to produce account extract pertaining to Award against JDr. However, without proper consideration application was rejected. Subsequently on 31/1/2024, arrest warrant was WP NO.102043 OF 2024 C/W WP NO.101315 OF 2024, WP NO.101316 OF 2024, WP NO.102051 OF 2024 ordered in violation of principles of natural justice. Assailing said order, this petition was filed.