AWARI AMARENDER Vs. SHRIRAM CITY UNION FINANCE

JUDGEMENT

(1.) Heard Mr. P. Venkanna, learned counsel for the petitioner and Mr. N. Srikanth Goud, learned counsel for respondent No.1. It is mentioned in the cause title that respondent No.2 is not necessary to the present revision.

(2.) This revision is filed under Sec. - 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), challenging the attachment order dtd. 21/3/2024 in ARB E.P. No.410 of 2019 in ARB Case No.600 of 2012 passed by learned II Additional District Judge at Karimnagar.

(3.) Respondent No.1 filed an Arbitration Application vide ARB Case No.600 of 2012 against the petitioner and respondent No.2 herein. The Arbitrator passed an Award dtd. 27/4/2013 in ARB Case No.600 of 2012 holding that the petitioner and respondent No.2 herein are due and liable to pay an amount of Rs.1,50,201.00 along with interest @ 18% per annum thereon. The said amount is not paid. Therefore, respondent No.1 herein has filed an execution petition under Sec. - 36 of the Arbitration and Conciliation Act, 1996 (for short 'Act, 1996') read with Order - XXI, Rule - 11 (2) of the CPC, vide E.P. No.410 of 2019 in ARB Case No.600 of 2012 against the petitioner herein - Judgment Debtor No.2 alone, to recovery an amount of Rs.3,36,889.00. Vide order dtd. 21/3/2024, learned II Additional District Judge, Karimnagar, issued order of attachment in Form No.19 directing the Disbursing Officer of the petitioner to withhold an amount of Rs.3,36,889.00 from the salary of the petitioner and remit the same to the said Court. Challenging the said order, the petitioner herein filed the present revision on the following grounds: