DIRECT CONTAINER LINE INC REP BY ITS AGENTS W W SHIPPING AND FORWARDING PVT LTD Vs. SIERRA TRADING PVT LTD

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 23.06.2004 passed in E.P.No.1630 of 2003 in O.S.No.5510 of 1997 on the file of the learned X Assistant Judge, City Civil Court, Chennai, allowing the Execution Petition and ordering attachment of the schedule mentioned movable properties.

(2.) The respondents 1 and 2, who are decree-holders, have filed E.P.No.1630 of 2003 under Order 21, Rule 43 of C.P.C. to attach and sell the movable properties mentioned in the schedule of properties to realise the decree amount.

(3.) Resisting the Execution Petition, the first judgment-debtor filed counter stating that the suit has been filed against the principal and not on the agent and therefore, as agent, the respondent is not liable to pay the decree amount. It is stated that in paragraph 11 of the Execution Petition, the respondents 1 and 2 have shown the petitioner as agent, which is not acceptable. It is also stated that if any amount of the petitioner lying in the agent that should alone be attached.