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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
P.Selva Kumar, S/o Late A.Perumal – Appellant
Versus
Karnataka Power Transmission Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. supreme court findings on payment liability (Para 3) |
| 2. order allowing the writ petition and implications for other defendants (Para 5 , 8) |
ORDER :
M.NAGAPRASANNA, J.
The petitioner – judgment debtor No.2 is before this Court calling in question an order dated 05.06.2025, passed by the XVI Additional City Civil Judge, Bengaluru, in Ex.P.No.1636/2015, by which an attachment warrant of movables is issued against the petitioner.
2. Heard Smt. Ratna N., learned counsel for petitioner and Sri Devaraju H.V., learned counsel for respondent.
3. The petitioner is judgment debtor No.2. The respondent is the decree holder. The respondent-Karnataka Power Transmission Corporation Limited (hereinafter referred to as 'the Corporation'), institutes a suit in O.S.No.5796/2011, on the score that the defendants are jointly and severally to pay an amount of Rs.3,25,410/- along with interest. The concerned Court passes the following order:
“7. On the above pleadings of the parties, my learned predecessor has framed the following issues :-
1. Whether the Plaintiff proves that the defendants are liable to pay Rs.3,25,410/-?
2. Whether the Plaintiff is entitled for the suit claim of Rs.3,25,410/
A judgment debtor cannot bear the entire liability for a joint decree if others are not served or pursued; proper procedure must be adhered to in execution matters.
The court emphasized that the lease deeds and the remittance of the security deposit to the first respondent's account influenced the decision to dismiss the appellants' claims.
The plaintiff was entitled to recover payments owed under agreements, affirming that individual rights supersede partnership firm status and that jurisdictional dismissal was erroneous.
The judgment highlights the legal principles governing the plea of set-off in a suit for recovery of money, emphasizing the specific conditions that must be met for a valid set-off claim.
Lessee cannot withhold possession post-termination for non-refund of security deposit; COVID-19 pandemic effects justify suspension of rent obligations for specified duration.
A court may order a defendant to furnish security to prevent them from obstructing enforcement of potential judgments, contingent upon establishing a prima facie case.
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