B. Yesu Babu vs. Shriram Transport Finance Co.

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTI CIVIL REVISION PETITION NO.1033 of 2015 O R D E R:

This revision-petition is directed against the Order, dated 24.02.2015 passed in E.P.No.25 of 2014 in Arbitration OP No.226 of 2009 on the file of Principal Junior Civil Judge's Court, Machilipatnam, whereunder the Execution Court issued arrest warrant against the judgment-debtor No.1 under Order XXI Rule 38 of the Code of Civil Procedure, 1908 towards realization of the EP amount.

2. Heard Sri T.Balaji, learned counsel representing for the revision-petitioner/judgment-debtor No.1/defendant No.1 and Sri N. Vishnuvardhan Reddy, learned counsel representing on behalf of Sri T.Balaji, learned counsel for the respondent No.1/ decree-holder/plaintiff.

3. This Court, after considering the financial condition submitted for the revision-petitioner/judgment-debtor No.1, is of the opinion that sometime can be granted to the revisionpetitioner/judgment-debtor No.1 to discharge the balance amount due under the decree, failing which, the Execution Court can be directed to proceed with the proceedings as per law.

4. In the light of above facts and circumstances, the revisionpetition is Disposed of at the stage of admission, granting Six (06) months time to the revision-petitioner/judgment-debtor No.1 to discharge the amount due under the decree, from the date of receipt of this Order, failing which, the Execution Court is at liberty to proceed further in the execution proceedings as per law. There shall be no order as to costs.

5. As a sequel, miscellaneous applications pending, if any, shall stand closed.

JUSTICE B.V.L.N.CHAKRAVARTHI

26th June, 2023. DNB