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2012 Supreme(AP) 88

C.V.NAGARJUNA REDDY
K. Ravi Kumar Reddy – Appellant
Versus
I. C. D. S. Limited, Represented by its G. P. A. Holder H. K. Sreedhar – Respondent


Advocates appeared:
For the Petitioners:Sri Vedula Venkataramana, Advocate.
For the Respondents:K.V. Subrahmanya Narsu, Advocate.

Judgment :

This Civil Revision Petition is filed by the judgment-debtors under the arbitration awards. The respondent, who succeeded in securing arbitration award in A.P.No.137/2001, filed E.P.No.18/2002 on the file of the learned District Judge, Anantapur, for arrest and detention of the petitioners in civil prison for non-payment of the decretal amount. The respondent has also filed E.P.Nos.19/2002 and 20/2002 in A.P.Nos.138/2001 and 136/2001, respectively. By Common Order dated 3-2-2011, the learned District Judge allowed E.P.No.18/2002 and ordered arrest of the petitioners. Assailing the said order, the petitioners filed the present Civil Revision Petition.

2. At the hearing, Sri Vedula Venkataramana, learned Senior Counsel advanced two submissions, namely, (i) that mere possession of property by itself would not be enough for the decree-holder to seek arrest of the judgment-debtors and that unless malafide intention to evade payment of the decretal amount is pleaded and established, the arrest of the judgment-debtors cannot be ordered; and (ii) that the Court below having already directed attachment of the properties of the petitioners by common order dated 3-2-2011, committed









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