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IN THE HIGH COURT OF TELANGANA
K.LAKSHMAN
Dharma Raju Pakalapati – Appellant
Versus
Kapil Chits Kakatiya Private Limited – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Mr.Praveen Bonkuri, learned counsel for the petitioners and Mr.K.P.Vijay Kumar, learned counsel for respondent No.1.
2. Respondent No.1 has filed an application under Section 64 of the Chit Fund Act, 1982, against the petitioners and respondent Nos.2 to 4 herein for recovery of an amount of Rs.3,32,132/- along with interest at the rate of 18% per annum before the Deputy Registrar of Chits/District Registrar, Karimnagar, vide A.R.B.No.948 of 2020. Learned Chit Arbitrator passed an award dated 20.03.2023 holding that the petitioners and respondent Nos.2 to 4 are jointly and severally liable to pay the said amount.
3. Therefore, respondent No.1 has filed an execution petition vide E.P.No.363 of 2024 against the petitioners and respondent Nos.2 to 4 for execution of the said award. Vide impugned attachment orders all dated 20.12.2024, learned executing Court directed the Disbursing Officers of the petitioners and respondent No.2 to withhold an amount of Rs.4,20,356/-. Challenging the said orders, the petitioners filed the present Civil Revision Petition.
4. It is also relevant to extract Order - XXI, Rules - 11 (2), 48 and 48A of the CPC and the same are as u
The liability of co-sureties is co-extensive with that of the principal debtor unless otherwise stated, and execution procedures must adhere to statutory requirements and prior legal precedents.
The execution of an arbitral award must proportionately consider the liabilities of co-sureties and cannot impose total deductions from salaries.
The liability of co-sureties is co-extensive with that of the principal debtor, and execution must consider proportionate recovery from all judgment debtors.
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