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2022 Supreme(AP) 79

C.PRAVEEN KUMAR, K.MANMADHA RAO
Sasanapuri Someswara Rao – Appellant
Versus
Shriram City Union Finance Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.V.S.S. Siva Ram.
For the Respondent: Maheswara Rao Kuncheam.

ORDER :

1. The present C.R.P. is filed under Section 115 of Code of Civil Procedure, 1908, (C.P.C.) assailing the Order, dated 29th September, 2021, passed in E.P. No. 84 of 2017 in A.C. No. 563 of 2011, on the file of XII Additional District Judge, Visakhapatnam, wherein the E.P. was allowed for realization of the amount awarded with interest.

2. The averments in the affidavit filed in support of the E.P. would show that the 1st Respondent herein represented by its General Power of Holder filed a Claim Petition before the Sole Arbitrator for recovery of the amount due under the loan transaction. An Award came to be passed against the Judgment Debtors for payment of a sum of Rs. 7,91,966.00. After obtaining the Award, Decree Holder requested the Judgment Debtors to pay the amount with interest and costs, but, there was no response. Hence, an Execution Petition came to be filed under Order XXI Rule 37 C.P.C. for realization of the E.P. amount, failing which to detain the 2nd Judgment Debtor in civil prison under Order XXI Rule 38 C.P.C. The averments further disclose that the 2nd Judgment Debtor is having sufficient means to pay the amount awarded but intentionally avoiding to pay the

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