Y.SHANKER Vs. SHRIRAM CHITS PVT. LTD.

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner/Judgment Debtor No.2 aggrieved by the registration of E.P.No.65 of 2022 in ARB No.166 of 2018 on the file of Principal Junior Civil Judge, at Nizamabad, basing on the recovery certificate issued by the Deputy Registrar dtd. 15/1/2021.

(2.) Heard the submissions of learned counsel for both sides and perused the record.

(3.) The learned counsel for the petitioner contended that the Executing Court erred in entertaining the execution petition as the award dtd. 15/1/2021 is not a valid executable decree. It is further contended that the Deputy Registrar is not competent to issue a final recovery certificate unless the same is certified by the Registrar under Sec. 71 of the Chit Funds Act and therefore, the execution petition itself is not maintainable. It is also contended that the respondent No.1/decree holder cannot directly initiate execution proceedings and only the Registrar is competent to do so. It is further contended that the petitioner is only a guarantor and the execution ought to have been proceeded first against the principal debtor. The learned counsel submitted that the execution proceedings are without jurisdiction and violative of principles of natural justice. The learned counsel for the petitioner filed a memo dtd. 1/4/2026 enclosing the salary attachment warrant and docket proceedings of E.P.No.65 of 2022 and ultimately prayed this Court to set aside the proceedings in the E.P.