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KUNURU LAKSHMAN
Awari Amarender – Appellant
Versus
Shriram City Union Finance, Karimnagar-I Branch – Respondent
ORDER :
Kunuru Lakshman, J.
1. Heard Mr. P. Venkanna, learned counsel for the petitioner and Mr. N. Srikanth Goud, learned counsel for respondent No. 1. It is mentioned in the cause title that respondent No. 2 is not necessary to the present revision.
2. This revision is filed under Section - 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), challenging the attachment order dated 21.03.2024 in ARB E.P. No. 410 of 2019 in ARB Case No. 600 of 2012 passed by learned II Additional District Judge at Karimnagar.
3. Respondent No. 1 filed an Arbitration Application vide ARB Case No. 600 of 2012 against the petitioner and respondent No. 2 herein. The Arbitrator passed an Award dated 27.04.2013 in ARB Case No. 600 of 2012 holding that the petitioner and respondent No. 2 herein are due and liable to pay an amount of Rs. 1,50,201/- along with interest @ 18% per annum thereon. The said amount is not paid. Therefore, respondent No. 1 herein has filed an execution petition under Section - 36 of the Arbitration and Conciliation Act, 1996 (for short 'Act, 1996') read with Order - XXI, Rule - 11 (2) of the CPC, vide E.P. No. 410 of 2019 in ARB Case No. 600 of 2012 against the
The decree holder can recover the decretal amount from any judgment debtor, jointly or severally, as per Section 128 of the Indian Contract Act, and the execution petition was maintainable before the....
The execution of an arbitral award must proportionately consider the liabilities of co-sureties and cannot impose total deductions from salaries.
The decree holder can recover the awarded amount from any judgment debtor, including guarantors, as their liability is co-extensive with that of the principal debtor.
The liability of co-sureties is co-extensive with that of the principal debtor unless otherwise provided by contract, allowing the decree holder to recover from any or all judgment debtors.
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