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RAVI NATH TILHARI, NYAPATHY VIJAY
Veduruparthi Moses Narayana – Appellant
Versus
Shriram City Union Finance Ltd. , Eluru, W. G. District – Respondent
| Table of Content |
|---|
| 1. background of execution petition and court findings. (Para 2) |
| 2. arguments regarding debtor's ability to pay. (Para 3 , 4) |
| 3. court's consideration of evidence. (Para 5) |
| 4. court's review of evidence and finding of fact. (Para 6 , 7) |
| 5. limits of high court's revisional jurisdiction. (Para 8 , 9 , 10) |
| 6. high court’s limitations in revision jurisdiction. (Para 11) |
| 7. dismissal of the civil revision petition. (Para 12 , 13 , 14 , 15 , 16) |
JUDGMENT :
RAVI NATH TILHARI, J :
Heard Sri Jakkamsettu Saraschandra Babu, learned Counsel for the petitioner/judgment debtor (in short J.Dr.) and Sri Maheswara Rao Kuncheam, learned Counsel for respondent No.1/decree holder (in short D.Hr.).
2. The D.Hr.-Shriram City Union Finance Limited filed ARC No.822 of 2017 in which the Arbitral Tribunal passed the award dated 25.09.2018 for an amount of Rs.4,70,323/- with subsequent interest against the petitioner and present respondent Nos.2 to 4/J.Dr.Nos.2 to 4. The award was not satisfied. The D.Hr. filed EP No.12 of 2022 in the Court of the X Additional District Judge, Narasapur, in which notice was issued to the J.Drs. In execution petition request was made to issue warrant of arrest against J
Judgments on execution of arbitral awards must be based on factual determinations of debtor's means, and the High Court's revision allows interference only for jurisdictional errors, not fact re-eval....
The court emphasized the need to establish an attitude of refusal on demand and the debtor's means to pay the decree or a substantial part of it.
The executing court cannot go behind the decree unless it is a nullity, and re-agitating objections already dismissed in a previous petition would amount to an abuse of process of law.
The court emphasized the limited grounds on which a decree is unexecutable and highlighted that the right of the Decree Holder to obtain relief is determined in accordance with the terms of the decre....
An execution court is obligated to sell only such portion of the property as is necessary to satisfy the decree, and selling the entire property without examining this aspect is illegal and without j....
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