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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Balusula Ramesh Babu – Appellant
Versus
Shriram Finance Limited – Respondent
ORDER :
K. LAKSHMAN, J.
Heard learned counsel for the petitioner. Perused the record.
2. This Civil Revision Petition is filed under Article 227 of the Constitution of India, challenging the attachment order, dated 24.12.2024 in Arb.E.P.No.18 of 2023 in ARB.Case No.280 of 2022 passed by the leaned II Additional District Judge, Karimngar.
3. Respondent No.2 is the subscriber of the Chit. Petitioner and Respondent Nos.3 and 4 are the guarantors to the said Chit. When the dispute was referred to the Arbitrai Tribunal under section 23 of the Arbitration and Conciliation Act, 1996, learned Arbitrator has passed an award, dated 27.09.2022 holding that the petitioner and respondent Nos.2 to 4 are jointly and severally liable to pay an amount of Rs.6,51,762/- with interest @ 10% p.a. on the amount due from the date of filing of the petition i.e., 28.03.2022 till the date of award and @ 18% p.a. from the date of award to realization of the entire amount.
4. Thereafter, respondent No.1 has filed an execution petition vide E.P.No.18 of 2023 in ARB No.280 of 2022 under Order XXI Rule 48 of C.P.C for execution of the said award. Vide impugned salary attachment order, dated 24.12.2024, the Executing
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.
The liability of co-sureties is co-extensive with that of the principal debtor, allowing the decree holder to recover the awarded amount from any or all judgment debtors.
The court upheld that salary attachment orders must comply with statutory provisions and cannot exceed the awarded amount from judgment debtors, emphasizing the co-extensive liability of sureties and....
The executing court must adhere to prescribed statutory procedures in recovery actions, especially in avoiding double recovery from judgment debtors.
The execution of an arbitral award must proportionately consider the liabilities of co-sureties and cannot impose total deductions from salaries.
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