Telangana High Court
Agolapu Sharada vs Saidarshini Chit Funds Pvt. Ltd., on 26 July, 2024
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
CIVIL REVISION PETITION No.1625 OF 2024
4. Respondent No.1 herein had filed an execution petition vide E.P. No.22 of 2024 in ARB No.631 of 2022 seeking execution of the said award against judgment debtor Nos.1 to 6 for recovery of Rs.5,40,334/- from them. Vide order dated 19.03.2024, learned IV Additional Junior Civil Judge, Karimnagar, directed the Disbursing Officer of the petitioners i.e., the Head Master, Office of ZPHS (B), Manthani, Peddapalli District, to withhold the amount of Rs.5,40,334/- each from the monthly salary of the petitioners. They are judgment debtor Nos.3 and 4 in the said E.P., as per Section - 60 of CPC after deducting standard deduction plus 1/3rd and 2/3rd of remaining gross salary and shall remit the balance 1/3rd of salary every month from the date of receipt of the warrant. The amount may be sent by D.D or M.O.
5. The Disbursing Officer of both the petitioners - judgment debtor Nos.3 and 4 is one and the same. The Executing Court should have directed the Disbursing Officer of judgment debtor Nos.3 and 4 to deduct and recover the said amount of Rs.5,40,334/- proportionately from their salaries instead of directing to deduct the total amount from the salaries of judgment debtor Nos.3 and 4 each. In fact, the aforesaid execution petition was filed by respondent No.1 decree-holder to execute the award for Rs.5,40,334/- from judgment debtor Nos.1 to 6.
15. On consideration of the aforesaid provisions and on examination of the facts of the case therein, in Prattipati Srinivasa Rao v. M/s. Shriram City Union Finance Limited 3, this Court held that respondent No.1 - decree-holder cannot recover double the awarded amount from the petitioners - judgment debtors, and it is entitled for the decretal amount and interest as claimed by it from the judgment debtors.
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