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2014 Supreme(AP) 956

K.C.BHANU, ANIS
M. Rama Rao – Appellant
Versus
Sriram City Union Finance Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Bhaskar Mohan, Advocate.
For the Respondents:Maheswara Rao Kuncheam, Advocate.

Judgment :

K.C. Bhanu, J.

1. This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) is directed against the order, dated 28.02.2014, in Execution Petition No.11 of 2013 in Arbitration Case No.443 of 2010 on the file of the IV Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby, petition filed to realize the decretal amount of Rs.1,38,668/- from petitioner herein/judgment debtor No.2 by attaching his salary, was allowed.

2. Arbitration Award was passed on 03.05.2012 and it has become final, as the petitioner herein, who is a guarantor, did not challenge the said Award though he contended that he did not receive notice in the Arbitration proceedings.

3. Learned counsel for the petitioner raised two points before this Court 1) that a decree holder, without proceeding against the principal borrower, cannot proceed against a guarantor and on that point he placed reliance on a decision reported in JAICHAND T. GANGWAL V. SHRIRAM CHITS PVT.LTD (2013 (5) ALD 425); 2) that in terms of Section 2 (e) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’), the Court below is not Principal Civil Court of original




















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