- 1 - NC: 2025:KHC:14982 CRP No. 441 of 2023 C/W CRP No. 442 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 441 OF 2023 C/W CIVIL REVISION PETITION NO. 442 OF 2023 IN CRP No. 441/2023 BETWEEN: SRI K SRINIVASAN S/O LATE B.L. KRISHNAMURTHY, AGED ABOUT 78 YEARS, EX-STAFF NO.13377, R/AT NO.1452, ANURADHA, 23RD CROSS, B BLOCK, SAHAKARA NAGAR, BENGALURU-560092. …PETITIONER (BY SRI. N B NIJALINGAPPA., ADVOCATE) AND: 1. M/S INDIAN TELEPHONE INDUSTRIES LTD GOVERNMENT OF INDIA, REP. BY ITS CHAIRMAN-CUM- MANAGING DIRECTOR. 2. ASSISTANT GENERAL MANAGER (HR) BOTH ARE OFFICIATING AT M/S INDIAN TELEPHONE INDUSTRIES LTD., GOVERNMENT OF INDIA DOORAVANI NAGAR, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14982 CRP No. 441 of 2023 C/W CRP No. 442 of 2023 BENGALURU-560016. …RESPONDENTS (BY SMT. VARSHA HITTINHALLI., ADVOCATE) THIS CRP IS FILED U/S. 115 OF CPC AGAINST THE ORDER DATED 10.11.2022 PASSED IN EX. NO. 535/2022 ON THE FILE OF THE HOLDING CONCURRENT CHARGE OF THE COURT OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH 14) BENGALURU, DISMISSING THE EX. PETITION FILED U/O 21 RULE 11 OF CPC. IN CRP NO. 442/2023 BETWEEN: SRI. R. PRABHAKAR STAFF NO.14955 S/O LATE B.S. RAMANATH AGE 80 YEARS, R/A NO.2409, SRI KRUPLA, 8TH MAIN BSK II STAGE, BENGALURU-560070 ...PETITIONER (BY SRI. N B NIJALINGAPPA., ADVOCATE) AND: 1. M/S INDIAN TELEPHONE INDUSTRIES LTD., GOVERNMENT OF INDIA REP. BY ITS CHAIRMAN-CUM- MANAGING DIRECTOR. 2. ASSISTANT GENERAL MANAGER (HR) BOTH ARE OFFICIATING AT M/S INDIAN TELEPHONE INDUSTRIES LTD., GOVERNMENT OF INDIA DOORAVANI NAGAR, BENGALURU-560016. ...RESPONDENTS (BY SMT. VARSHA HITTINHALLI., ADVOCATE) - 3 - NC: 2025:KHC:14982 CRP No. 441 of 2023 C/W CRP No. 442 of 2023 THIS CRP IS FILED U/S. 115 OF CPC AGAINST THE ORDER DATED 10.11.2022 PASSED IN EX. NO. 534/2022 ON THE FILE OF THE HOLDING CONCURRENT CHARGE OF THE COURT OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH 14) BENGALURU, DISMISSING THE EX. PETITION FILED U/O 21 RULE 11 OF CPC. THESE PETITIONS, COMING ON FOR ORERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER This Civil Revision Petition has been filed by the petitioner who had filed a execution case in Ex.No.535/2022 before the learned City Civil and Session Judge, Bengaluru, seeking for recovery of sum of Rs.17,66,422/- from the respondents ITI Ltd. On appearance of the respondent before the learned judge, they questioned the maintainability of the Execution Petition. On the objections raised regarding maintainability of the Execution Petition, the impugned order has been passed holding that there is no executable decree passed by in court of law. On the other hand, the petitioner is placing reliance on the directions issued by - 4 - NC: 2025:KHC:14982 CRP No. 441 of 2023 C/W CRP No. 442 of 2023 this Court and disposal of the Special Leave Petition at the hands of the Apex Court on 29.08.2014 in Civil Appeals No.610/2006 filed by the respondents herein. 2. Perused the order dated 29.08.2014 passed by the Hon’ble Apex Court in Civil Appeal No.610/2006. The Civil appeals were disposed of recording the submission of the learned Additional Solicitor General, who appeared on behalf of the Union of India and submitted that the amount/funds shall be made available by the Union of India to the respondents for disbursal within three months from the date of the order. 3. Learned counsel for the petitioner seeks to place reliance on Sri Sobha Singh and Sons Pvt. Ltd., /vs./ Shashi Mohan Kapur (Deceased) Thr. L.R. decided on15.07.2019 in Civil Appeal No.5534/2019. That was a case where the execution petition was filed arising from a civil suit. Even otherwise, the issue was whether an execution petition was maintainable without furnishing the certified copy of the decree. That case will be of no avail - 5 - NC: 2025:KHC:14982 CRP No. 441 of 2023 C/W CRP No. 442 of 2023 to the petitioner. On the other hand, it is submitted at the hands of the learned counsel for the respondents that the retirement benefits have been granted to the petitioner and the petitioner is only seeking for interest on the delayed payment of the arrears of salary and retirement benefits. 4. This Court is of the considered opinion that the learned Principal City Civil and Sessions Judge is right in his observation that the execution petition is not maintainable. However, the petitioner is at liberty to seek redressal in accordance with law in the matter of payment of interest at the hands of the respondents. Accordingly, the Civil Revision Petition is dismissed. Sd/- (R DEVDAS) JUDGE KLY CT: JL