IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 26203 OF 2025 (GM-CPC)

BETWEEN:

M/S SYON CHIT FUND PVT LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT, 2013 HAVING REGISTERED OFFICE AT, NO.27, 27^th CROSS, JAYANAGAR 6^TH BLOCK, BENGALURU 560070, REPRESENTED BY ITS MANAGING DIRECTOR, DHANUSH N. …PETITIONER (BY SRI. SHRIRAM ADIGA., ADVOCATE)

AND:

Digitally signed by GAVRIBIDA NUR 1. MR.GAJENDRA V K SUBRAMANYA S/O KHADAIAH GUPTA SREENATH NO.308, 3RD FLOOR Location: HIGH COURT OF 1ST CROSS, SHANTIPURA KARNATAKA HUSKUR, OPP TO SRIRAM HEMPUL ROAD, BENGALURU- 560 100.

2. MR. LANKESH S S/O SIDDHARAMAIAH NO. 574, AVVERAHALLI VILLAGE SULLERIPOST, CHANNARAYAPATNA RAMANAGAR - 571501.

3. MR. SHIVASHANKAR R S/O RAMAIAH BHEEMA SADANA, CME LAYOUT

1^ST CROSS, CHENNAPATNA RAMANAGARA- 562160.

4. G. SURYAKUMAR S/O GOVINDAPPA NO. 30/1, 1ST FLOOR, SHANTHIPURA VILLAGE, HUSKUR, E-CITY PHASE-2 BANGALORE- 560 100.

5. VINUTHA K W/O GAJENDRA VK NO. 308, 3RD FLOOR, 1ST CROSS SHANTHIPURA, HUSKUR OPP. SRIRAM TEMPLE ROAD E-CITY, BANGALORE- 560 100.

…RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE ORDER OF ISSUING NOTICE ON INTERLOCUTORY APPLICATION AND EXECUTION PETITION TO THE JUDGEMENT DEBTORS ON 24.07.2025 PASSED IN EX. NO. 1603/2025 ON THE FILE OF THE XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-44) VIDE ANNEXURE-A., AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard the learned counsel for the petitioner.

2. This Court does not find the need and necessity to issue notice to respondents-JDR, and so also for the reason that notice in the execution petition are yet to be served. 3. The Petitioner is aggrieved by the non-passing of the order under Order 21 Rule 48 of CPC for attachment of salaries of Judgment-Debtors No. 2 and 3 in the execution petition filed by him seeking to execute the orders passed in Dispute No.DRB-3/CFS/54/2024-25 07.02.2025 at Annexure-A.

4. It is the contention of the learned counsel for the petitioner that the petitioner has filed a petition under Section 64(1) of the Chits Fund Act, 1982 against the Judgement Debtors. The Deputy Registrar of Chits Fund had passed an award dated 07.02.2025, for an amount of ₹2,27,965/-. Thereafter, the petitioner had filed an execution petition in E.P.No.1603/2025 on 23.07.2025 which is well within two years from the date of the decree/award. In the execution petition an application is filed under Order 21 Rule 48 for attachment of salaries of the judgement debtors Nos.2 and 3 to recover the award amount as per the award dated 07.02.2025.

5. It is the contention of learned counsel for the petitioner that the execution petition is filed within 2 years from the date of the award that is on 7/2/2025, therefore the question of issuance of notice would not arise as contemplated under proviso to Order 21 Rule 22( 1) (c) which reads as under:

22. Notice to show cause against execution in certain case.-(1) Where an application for execution is made,-

xxxxx (c) against the assignee or receiver in insolvency, where the party to the decree has been adjudged to be an insolvent, the Court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him;

Provided that no such notice shall be necessary in consequence of more than two years having elapsed between the date of the decree and the application for execution if the application is made within two years from the date of the last order against the party against whom execution is applied for, made on any previous application for execution against the same person the Court has ordered execution to issue against him.

6. Therefore, he con