The Karnataka High Court on 7th March, 2023 has set aside an order passed by the Commercial Court, Bengaluru, ordering the arrest of the Principal Secretary and Commissioner of Department of Health and Family Welfare in an execution proceeding. This was in the case of The Principal Secretary & ANR v. Tejasco Techsoft Private Limited (WRIT PETITION NO. 4525 OF 2023) and was presided over by Justice Sreenivas Harish Kumar.
FACTS OF THE CASE:
The respondent sought to execute the award passed in A.C.130/2022 and they made an application under section 60 of the Code of Civil Procedure seeking attachment of movables and immovables found in the office of the petitioners. The court below having found that the award has attained finality and to avoid delay in payment of the award amount, ordered for arrest of the petitioners under Order XXI Rule 30 CPC. The order impugned in the writ petition is patently illegal. Firstly, the respondent did not file an application for arrest of the judgment debtors, i.e., the petitioners. They made an application for attachment of movables and immovables. It is submitted by Sri Sunil Kumar that the court below considered oral application of the respondent and therefore ordered for arrest of the petitioners. He refers to Order XXI Rule 11 CPC.
JUDGEMENT:
The Court opined that “Order XXI Rule 30 CPC provides for detention of the judgment debtors, there is a procedure set down for arresting the judgment debtors. Order XXI Rules 37 to 40 CPC deal with it.”
Finally, allowing the petition it held “The judgment debtors are the officers of the Govern ent, and issuing warrant against them without issuing arrest notice cannot be sustained. In this view of the matter, the impugned order suffers from infirmity”
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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA
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