- 1 - NC: 2025:KHC:15772 WP No. 11298 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11298 OF 2025 (GM-CPC) BETWEEN: 1. SAFE LEARNING CENTRE ITS PROPRIETOR DR.CHANDRAKANATH T.N. NO.89.CHARLES CAMPBELL ROAD COX TOWN, BANGALORE-560005. 2. DR.T.N.CHANDRAKANTH S/O.LATE T.G.NARAYANAPPA AGED ABOUT 67 YEARS NO.13, IST CROSS, ESHWAR LAY OUT INIDIRANAGAR, BANGALORE-560038. …PETITIONERS (BY SRI. DAYALU K N., ADVOCATE) AND: M/S SURABHI CHITS LTD NO.5, 1ST FLOOR GAJENDRA TOWERS 11TH MAIN. 4TH BLOCK JAYANAGAR, BANGALORE -560011. REP. BY ITS ASSOCIATE VICE PRESIDENT PRIVATE FINANCE COMPANY. …RESPONDENT (BY SRI.T P VIVEKANANDA., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 15.03.2025 PASSED BY THE TRIAL COURT IN EX. 1189/2023, ON THE FILE OF THE 35TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DATED 15.03.2025 WHEREBY AN ARREST WARRANT WAS ISSUED AGAINST THE JUDGMENT DEBTOR (JDR)-ANNEXURE – C AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15772 WP No. 11298 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-Judgment Debtors challenging the order dated 15.03.2025 passed by the XXXV Addl. City Civil and Sessions Judge, Bengaluru, in Ex.No.1189/2023, whereby the Executing Court has issued arrest warrant to judgment debtor No.2. 2. The respondent herein, who is the decree holder, has filed Ex.No.1189/2023 before the XXXV Addl. City Civil and Sessions Judge, Bengaluru, for executing the Award dated 29.10.2015 passed by the Deputy Registrar of Co- operative Societies in DRB-C/CFS/DIS/125/2015-16. On a memo filed by the decree holder before the Executing Court, the Executing Court has passed the impugned order dated 15.03.2025. Being aggrieved by the same, the present petition is filed. - 3 - NC: 2025:KHC:15772 WP No. 11298 of 2025 3. The only grievance of the petitioners-judgment debtors is that the Executing Court has not followed the procedure provided under Order 21 Rule 37 of CPC before passing the impugned order, whereby the Executing Court has issued arrest warrant to judgment debtor No.2. 4. Heard the learned counsel for the parties. Perused the writ papers. 5. Since the Executing Court has not followed the procedure provided under Order 21 Rule 37 of CPC before passing the impugned order, on that ground alone, the impugned order is liable to be set aside. 6. At this juncture, the learned counsel for the respondent-decree holder submits that the Executing Court may be directed to dispose of the execution petition as expeditiously as possible. - 4 - NC: 2025:KHC:15772 WP No. 11298 of 2025 7. In view of the above, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 15.03.2025 passed by the XXXV Addl. City Civil and Sessions Judge, Bengaluru, in Ex.No.1189/2023, is set aside. c) The Executing Court is directed to dispose of the petition as expeditiously as possible, not later than six months from the date of receipt of copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 9