JASTI SUBBA RAO Vs. LAKSHMI GENERAL FINANCE LIMITED

JUDGEMENT

(1.) The Civil Revision Petition is directed against the order dated 6-7-2006 in E.P.No.96 of 2004 on the file of the I-Additional Senior Civil Judge, Vijayawada in Arbitration Case No.30 of 2001. The petitioner is the Second respondent in the Award dated 12-6-2001 passed by the Sole Arbitrator at Chennai in Arbitration Case No.30 of 2001 under the Arbitration and Conciliation Act, 1996. The first respondent herein is the claimant in the said Arbitration Case. The Arbitrator passed the award directing the respondents therein namely (1) Mrs.D.Sandhya Rani, (2) Mr.Jasti Suba Rao and (3) Mr.Kolli Venkateswara Rao, to pay the claimant/first respondent herein a sum of Rs.74,309/- with future interest at 18% per annum from 18-8-1999 till the date of full realization and costs of arbitration proceedings of Rs.7,200/-. As the respondents in the Arbitration Case failed to pay the award amount, the Decree holder/first respondent herein filed E.P.No.161 of 2003 in the said Arbitration Case No.30 of 2001 on the file of the Chennai High Court and as per the orders of the Chennai High Court, the Award is transmitted to the Court of Senior Civil Judge, Vijayawada for execution.

(2.) Accordingly, the first respondent herein/Decree holder filed E.P.No.96 of 2004 in Arbitration Case No.30 of 2001 under Order XXI Rule 2 of the Code of Civil Procedure (for short "the Code"), stating that the petitioner herein is the second defendant and decree has been passed on 12-6-2001 and the same has become final. The award was transmitted by the Chennai High Court for execution of the said award amount of Rs.74,309/- and interest at the rate of 18% from 18- 8-1999 to 24-11-2004 is Rs.70,444-89, costs of Rs.7,200/- and Advocate fee of Rs.5,000/- was added and filed the E.P., for realization of Rs.1,56,953-89 Ps., against the Judgment Debtor No.2 alone under order XXI Rule 37 of the Code to issue a notice to the Judgment Debtor and after enquiry commit him to the Civil Prison under Order XXI Rule 38 as provided under Section 55 of the Code and thereby assist the decree holder in realizing the decreetal amount

(3.) The Decree holder/claimant filed an affidavit stating that the Judgment Debtor was directed to pay the award amount to the decree-holder/claimant company, but in spite of the Judgment Debtor having knowledge of the award, did not pay any amount to the decree holder. The Judgment debtor is capable of paying the award amount in lumpsum and is having means to pay the same, but he is exhibiting supine indifference and failed to pay the amount to the decree holder. The judgment debtor is a lorry operator and is earning substantial sums and is having movable and immovable assets and capable of paying the amount in lumpsum and accordingly, the judgment debtor may be committed to civil prison after enquiry and thereby assist the decree holder in realizing the award amount.