LAWS(APH)-2019-6-16

G.NAGARAJU Vs. SHRIRAM CITY UNION FINANCE LTD.

Decided On June 24, 2019
G.NAGARAJU Appellant
V/S
SHRIRAM CITY UNION FINANCE LTD. Respondents

JUDGEMENT

(1.) This civil revision petition, under Section 115 of the Code of Civil Procedure, is filed by the petitioners, seeking verbatim the following relief:

(2.) We have heard the submissions of learned counsel for the petitioners/judgment debtors 3 and 4 (4JDrs 3 ?t 4', for brevity); and, of learned counsel appearing for the respondent. We have perused the material record.

(3.) From the pleadings and submissions made, the following facts are discernable: 'After award has been passed, assailing the said award, a petition under Section 34 of the Arbitration and Reconciliation Act, 1996 (for brevity 'the Act') is filed by the JDRs 3 Et 4 and two others before the District Court along with an application for condonation of delay in filing of the said petition. The contention of the JDrs 3 and 4 is that the award has been obtained by playing fraud. Be that as it may. When the DHr initiated execution proceedings vide EP.No.71 of 2018 in the said arbitration proceedings [A.R.C.No.540 of 2014], wherein the subject award has been passed, the Court below, by the order, which is impugned in this civil revision petition, over-ruled the objections of JDrs 3 and 4 and ordered attachment of monthly salaries of the JDrs 3 Et 4, in accordance with the provisions of Section 60 of the Code, for realization of the award amount, which is subject matter of the execution proceedings.'