COMMON ORDER:

As a common issue is involved in all the revision petitions they were heard together and are adjudicated by this common order as below.

2. For the sake of convenience, the facts in C.R.P.No.7066 of 2017 are taken to be the lead case for narration of facts.

3. The present civil revision petition is filed against the order dated 17.11.2017 passed in E.A.No.132 of 2017 in E.A.No.36 of 2016 in E.P.No.389 of 2014 in O.S.No.371 of 2013 passed by the Principal Senior Civil Judge, Kadapa.

4. The Petitioner is the plaintiff. The O.S.No.371 of 2013 was filed against Respondent No.1 herein for recovery of amounts due. The suit was decreed on 21.10.2014 and as Respondent No.1 was not paying the amounts due under the decree, the petitioner filed E.P.No.389 of 2014 for attaching the schedule amount of Rs.3,47,266/- under Order 21 Rule 52 C.P.C towards the fixed deposits of Sree Veera Hanuman Chits Private Limited lying with the Assistant Registrar of Chits i.e. Respondent No.2 herein. The trial Court vide order dated 04.11.2014 directed the said amounts to be attached. Thereafter, petitioner filed E.A.No.36 of 2016 seeking to send the attached amount of Rs.3,47,266/- to the Civil Court deposited account. The trial Court vide order dated 18.01.2016 accordingly directed the said amount to be sent to the Civil Courts Deposit Account of the said Court. The amounts directed to be sent in E.A.No.36 of 2016 was not complied with and hence, E.A.No.132 of 2017 was filed to issue a show cause notice to the Garnishee for disobeying the orders of the Court passed in E.A.No.36 of 2016.

5. A counter was filed by the Garnishee stating that the judgment debtor and one K.Narasimha Reddy have started chit fund company in the name and style of Sree Veera Hanuman Chit Private Limited in the year 2012 and was registered under Companies Act, 1956 vide Registration No.U65992AP2012PTC079480. The said Chit Fund company was running accounts by securing the subscribers/members for the various values and periods.

6. It was pleaded that the amount deposited before Respondent No.2 was in compliance with section 20(i) of the Andhra Pradesh Chit Funds Act, 1982 (for short „the Act‟) for a period equal to the chit period or more. The amount so deposited shall not be liable to be attached in execution of a decree or otherwise until the chit is terminated and claims of all the subscribers are satisfied and section 40 of the Act prescribes the time period when the chit is deemed to be terminated. It was also pleaded that as per Rule 23 of the A.P. Chit Fund Rules, 2008, the amount deposited as security under section 20 (i) of the Act shall be released only after an application has been filed by the ‘foreman’ stating that all the subscribers have been fully satisfied and that the judgment debtor did not file any application to that effect. In the absence of any declaration, no third person can claim the deposited amounts.

7. As a matter of fact, it was also pleaded that the judgment debtor had deposited in his name, eight (8) FDRs, which are of different values and periods and in custody of Respondent No.2. Self-attested copies of FDRs were also filed before the trial Court.

8. The trial Court referring to the provisions of the Act, as referred by respondent No.2 Garnishee, dismissed the petition as this petitioner was not a subscriber to the chits and is not entitled for the relief sought for. Consequently, the petition was dismissed and the original FDRs are directed to be returned to the Garnishee.

9. On 22.12.2017, this Court passed interim order suspending the impugned order till further orders. This Court after hearing the counsel for the petitioner on 02.01.2024 had enquired the Government Pleader for Arbitration representing respondent No.2 Garnishee as to whether there are any claims to the deposited amounts and directed the Government Pleader for Arbitration to file an affidavit with regard to the claim and details of such claim. The case was adjourned on 10.0