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2016 Supreme(Kar) 601

IN THE HIGH COURT OF KARNATAKA
Aravind Kumar, J.
Pafco 2916 Inc. - Petitioner
Versus
Kingfisher Airlines Limited, Bengaluru - Respondent
W.P. No. 32399 of 2015 C/W W.P. Nos. 32400, 32402, 32403, 32404, 32401 & 32405 of 2015 (GM-CPC)
Decided On : 29-04-2016

Advocates:
Advocate Appeared:
For the Petitioner: Sri Kevic Setalvod, Sriranga S.
For the Respondent: Rajesh S.V., Sri Sajjan Poovayya, Smt. Sindhu

Headnote:

Civil Procedure Code,1908 - Section 115 - Rules 11(2)(a)(b),(c)(d),(e),(f),17,21,22 and 30 - Order 21 - Constitution of India,1950 - Article 227 - Application -Seeking for Amendment - Decree holders in these two writ petitions having obtained judgment and decree against respondents - Judgment debtors by High Court of Justice Queens Bench Division Commercial Court Royal Court of Justice have filed two execution petitions namely Execution Petition before City Civil Court Bengaluru - Whether simultaneous execution can proceed in two separate applications against two different judgment-debtors for same amount due under decree at one and same time?" - "Whether any and what payment or other adjustment of matter in controversy has been made between parties subsequently to decree and not amount for which he has filed any which is pending - Whether any and what previous applications have been made for execution of decree dates of such applications and their results - Whether under Order 21, Rule 22 , CPC execution petition - Whether notice is necessary to be sent to judgment debtor or not - "Whether any and what payment or other adjustment of matter in controversy has been made between parties subsequently to decree and not amount for which decree holder has filed any other execution petition which is pending - "Whether any and what previous applications have been made for execution of decree dates of such applications and results" - Held, , It is that a decree holder would be entitled to file two execution petitions for realising or recovering decretal amount due from two judgment debtors when judgment and decree passed against them is joint and several - As such reasoning adopted by Executing Court either in holding that two simultaneous execution petitions filed by decree holder against principal debtor and guarantor is not maintainable or directing decree holder to amend execution petitions so as to conform claim made in two simultaneous execution petitions would not exceed decretal amount put together cannot be sustained - Writ Petitions Allowed

ORDER :

Aravind Kumar, J.

All these writ petitions relate to execution of decrees obtained by the decree holder in the Court of United Kingdom. Since common questions of fact and law are involved, they are heard and disposed of by this common order.

2. Facts in brief which has led to filling of these writ petitions are as follows:

RE: W.P.Nos.32399/2015 & 32403/2015

Decree holders in these two writ petitions having obtained judgment and decree against respondents - judgment debtors on 13.12.2013 by High Court of Justice, Queen's Bench Division, Commercial Court, Royal Court of Justice have filed two execution petitions namely, Execution Petition Nos. 1267/2014 and 1274/2014 before City Civil Court, Bengaluru. The original judgment and decrees came to be modified during the pendency of execution petitions. Hence, applications for amendment came to be filed in these two execution petitions seeking for amendment namely, to amend the amounts mentioned in the respective executive petitions. Applications for amendment of executive petitions came to be opposed by both the judgment debtors. At the time of hearing of these amendment applications. Executing Court suo molu raised the issue of maintainability of these execution petitions i.e., Execution Petition Nos.1267/2014 and 1274/ 2014 since said judgment and decree passed against Kingfisher Airlines Limited as well as-United Breweries (Holdings) Limited was one and the same. After hearing the learned Advocates appearing for the parties, Executing Court by impugned orders has arrived at a conclusion that since the amount claimed in both the Execution Petition Nos. 1267/2014 and 1274/2014 arc one and same and decree holder having filed two Execution Petitions viz., 1268/ 2014 and 1276/2014 which relates to same transaction, decree holder with an intention to recover double the decretal amount, directed the decree holder to amend Execution Petition Nos. 1267/2014 and 1274/2014 so that its claim in both the petitions should not exceed the amount due to the decree holder under the transaction in which decree holder has obtained two (2) separate decrees. In other words, it has been held that decree holder has to restrict its prayer as against jointly and severally liability fixed under the decrees, though it has been held that two execution petitions i.e., Execution Petition Nos. 1267/2014 and 1274/2014 are maintainable.

RE: W.P.Nos.32400 & 32405/2015:

3. Decree holder under these two writ petitions having obtained a judgment and decree against respondents - judgment debtors on 13.12.2013 by High Court of Justice, Queen's Bench Division, Commercial Court, Royal Court of Justice have filed two execution petitions namely Execution Petition No. 1268/2014 and Execution Petition No. 1276/2014 against Kingfisher Airlines Limited and United Breweries (Holdings) Limited before City Civil Court, Bengaluru. The original judgment and decrees came to be modified during the pendency of execution petitions. Hence, applications for amendment came to be filed in these two execution petitions seeking for amendment namely, to amend the amounts mentioned in the respective executive petitions. Applications for amendment of executive petitions came to be opposed by both the judgment debtors. At the time of hearing of these amendment applications, Executing Court suo motu raised the issue of maintainability of these execution petitions i.e., Execution Petitions Nos. 1268/2014 and 1276/2014 since judgment and decree passed against both judgment debtors are one and same. After hearing the learned Advocates appearing for the parties, Executing Court by impugned orders has arrived at a conclusion that since the amount claimed in both the Execution Petition Nos.1268/2014 and 1276/2014 are one and same and decree holder having filed two Execution Petitions viz., 1267/2014 and 1274/2014 which relates to same transacti



















































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