STATE OF KARNATAKA Vs. METAL CORPORATION

JUDGEMENT

(1.) These two appeals by respondent-1 are directed against the common order dated 1-1-1983 passed by the 9th Additional City Civil Judge, City Civil Court, Bangalore, in Miscellaneous Nos. 27/82 and 87/82 raising the attachment and allowing both the petitions.

(2.) Appellant filed a suit in O.S. No. 44/73 against M/s. Steel Construction Company (P) Ltd., respondent-2 in MFA No. 1232/83 and respondent-4 in M.F.A.. No. 1233/83 for recovery of damages on account of non-supply of electrical goods. The said suit was decreed for Rs. 2,84,329/- and odd.The State of Karnataka sued out execution in old Execution No. 17/76 and new Execution Case No. 77/80 pending on the file of the City Civil Court and got attached the immovable propeny of respondent-2 on 7-10-1976. The court ordered sale of the said property on spot on 6-1-1983 and the sale in court on 10-1-1983. Respondent-2 which is a Private Limited Company is running an Industry. The provisions of the Employees' State Insurance Act, 1948 and the Employees Provident Fund and Miscellaneous Provisions Act 1952 and the Payment of Gratuity Act, 1972 are applicable to the industry run by respondent-2. It appears that respondent-2 did not contribute its shares of Provident Fund and Insurance and did not pay gratuity as required under the provisions of the said three Acts. Under the provisions of the said three Acts, proceedings were initiated against respondent-2 to recover the amount due from it. A certificate was issued to the Deputy Commissioner by the authorities concerned to recover the amount due from respondent-2 under the provisions of the said three Acts. That certificate was forwarded by the Deputy Commissioner to the Special Tahsildar for P.U.C. and Misc. Recoveries, Bangalore, to effect recover of amount due from respondent-2. Under the provisions of the said three Acts, the amount due from respondent-2 was to be recovered as if it was arrears of land revenue. The Special Tahsildar, P U.C. & Misc. Recoveries, Bangalore Taluka proceeded to recover the amount due from respondent-2 by attachment and sale of immovable properties. In accordance with the procedure laid down under the Land Revenue Code, he attached the very same property bearing No, 10/1 Pampa Mahakavi Road, Bangalore 4, and that is the property in Execution No. 77/80 also and sold that property in two bits He sold one bit on 15-3-1980 to K. V. Venkataramaiah Shetty, respondent-1 in M.F.A.. No. 1233/83 and has sold another bit on 16-4-1980 to respondent 1 in M.F.A.. No. 1232/83. The sale certificates were also issued in favour of these two auction purchasers. Subsequently in Execution Case No. 77/80 sale proclamation was issued. At that point of time, respondent-1 in both the appeals filed these two Miscellaneous Applications under Order 21 Rule 58 C P.C. to raise the attachment effected in the said Execution Case.

(3.) Both the petitions were resisted by the appellant State of Karnataka.