HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.114 OF 2025

ORDER

Heard Sri Bathula Rajesh, learned counsel for the petitioners -

Judgment Debtors and Sri G.Vasantharayudu, learned counsel appearing for respondent – Decreeholder.

2. This revision is filed under Section - 115 of the Code of Civil Procedure, 1908, challenging the order dated 19.12.2024 passed in E.P. No.299 of 2024 in ARB. No.324 of 2023 by the learned II Additional Junior Civil Judge at Karimnagar.

3. Respondent had filed an application under Section 64 of the Chit Fund Act, 1982 before the Chit Arbitrator/Deputy Registrar of Chits at Karimnagar against the petitioners herein for recovery of Rs.4,70, 420/- with interest at the rate of Rs.18% p.a. from the date of filing of dispute to till the date of realization of the said amount and costs.

4. The Deputy Registrar of Chits at Karimnagar, has passed an award dated 10.06.2024 holding that the petitioners herein are jointly and severally liable to pay an amount of Rs.4,70,420/- with interest at

18% p.a. to the respondent herein.

5. Respondent has filed E.P.No.299 of 2024 in ARB No.324 of

2023 for execution of the aforesaid Award. Learned II Additional Junior Civil Judge at Karimnagar, has issued impugned salary attachment orders dated 19.12.2025 directing the Disbursing Officer of the petitioners/J.Drs.1 to 7 to withhold the sum of Rs.5,70,060/- each from their salaries as per Section - 60 of CPC after deducting standard deduction plus one thousand and 2/3^rd of remaining gross salary and shall remit balance 1/3^rd of salary every month from the date of receipt of the warrant.

6. Challenging the said attachment orders dated 19.12.2024, the petitioners herein filed the present revision.

7. Learned counsel for the petitioners has filed salary attachment order in respect of J.Dr.No.4 only. According to him, despite of his best efforts, he could not get salary attachment orders of other respondents.

8. Whereas, G.Vasantharayudu, learned counsel fairly submitted that the Executing Court has passed similar attachment orders in respect of the other J.Drs.

09. Perusal of the aforesaid salary attachment order dated

19.12.2024 issued by the Executing Court in respect of the petitioner No.4/J.Dr.No.4 would reveal that Executing Court has directed the Disbursing Officer of the petitioner No.4 – J.Dr.No.4 to withhold the amount of Rs.5,70,060/- from his salary. Learned Executing Court has also passed similar salary attachment orders in respect of other J.Drs. Virtually, as submitted by the learned counsel for the respondent, the Executing Court directed all the Disbursing Officers of the petitioners to deduct and recover an amount of Rs.5,70,060/- from each. In fact, the aforesaid execution petition was filed by respondent to execute the award for recovery of Rs.5,70,060/- from the petitioners herein. If the Disbursing Officer withhold the said amount and remit to the account of the aforesaid EP, it amounts to recovery of more than the awarded amount. The same is in violation of the procedure laid down under Contract Act, the Chit Fund Act, 1982 and also the principle laid down by this Court in CRP No.2660 of 2024 dated 18.10.2024. The said aspects were not considered by the Executing Court while issuing impugned salary attachment order.

10. It is relevant to note that Section - 36 of the Arbitration and Conciliation Act, 1996 deals with ‘enforcement of award’ and the same is relevant for the purpose of considering the lis in the present revisions and it is extracted below:

“Section 36:-Enforcement. —Where the time for making an application to set aside the arbitral Award under section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court.

(2) Where an application to set aside the arbitral award has been filed in the Court under section 34, the filing of such an application shal