- 1 - NC: 2025:KHC:6621 WP No. 35927 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35927 OF 2024 (GM-CPC) BETWEEN: M/S SARAVANA ALLOY STEELS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NOS. 21/D AND 22 INDUSTRIAL SUBURB, II STAGE YESHWANTHPUR, TUMKUR ROAD BANGALORE - 560022. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. N. SANJAY KUMAR, DIRECTOR M/S SARAVANA ALLOY STEELS PVT LTD …PETITIONER (BY SRI. SURAJ SAMPATH.,ADVOCATE) AND: M/S VIKAS STEEL TRADERS HAVING ITS REGISTERED OFFICE AT NO. 60/61, DODDABETTAHALLY HARI RAJU LAYOUT AMBABHAVANI TEMPLE ROAD VIDYARANYAPURA, BANGALORE 560097 ALSO R/AT DEEP BHAVAN, 48/1 3RD CROSS, HMT LAYOUT MATHIKERE, BANGALORE-560054. REPRESENTED BY ITS PROPRIETOR MR. VIKAS KUMAR JINDAL Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6621 WP No. 35927 of 2024 S/O. MR. ROSHAN LAL JINDAL AGED ABOUT 40 YEARS. …RESPONDENT (BY SMT. ANKITA PATIL, ADVOCATE FOR SRI. VARDHAMAN V GUNJAL.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTION TO SET ASIDE THE IMPUGNED ORDER DATED 20/12/2024 PASSED BY THE HONBLE VII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-19) IN EX. NO. 617/2024 VIDE (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the judgment debtor under Article 227 of the Constitution of India, challenging the order, dated 20.12.2024 passed by the VII Additional City Civil and Sessions Judge, Bengaluru (SCCH-19) in Ex.No.617/2024, whereby the petitioner’s request for furnishing the copy of the execution petition has been refused and attachment warrant for movables has been issued. - 3 - NC: 2025:KHC:6621 WP No. 35927 of 2024 2. The respondent/decree holder filed a suit for recovery of money in O.S.No.5905/2016. The suit came to be decreed on 20.07.2018 for recovery of a sum of Rs.10,83,578/- with 18% interest p.a. After a lapse of six years, the execution petition has been filed in Ex.No.617/2024. After receiving summons, the judgment debtor appeared before the court and requested for furnishing a copy of the execution petition. The request has been rejected and the Executing Court issued attachment warrant. 3. The learned counsel for the petitioner/judgment debtor submits that the execution petition has been filed six years after the decree. As per Order XXI Rule 22 of CPC - Karnataka State Amendment, a show cause notice must be issued by the court before proceeding with the execution of a decree if an application for execution is filed more than two years after the date of the decree. Since he has only received the summons and the execution - 4 - NC: 2025:KHC:6621 WP No. 35927 of 2024 petition copy is not furnished, he was not in a position to file any objections. 4. The learned counsel for the respondent/decree holder submits that the decree passed by the trial court has attained finality. After receiving the summons, he has appeared on 29.06.2024. Till 20.12.2024, he has not demanded the copy of the execution petition. Just to drag the matter, the judgment debtor has filed this writ petition. 5. Be that as it may. Since the judgment debtor has to file objections to the execution petition, he requires to be served with a copy of the execution petition. Under the circumstances, the impugned order requires to be set aside. 6. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 20.12.2024 passed in Ex.P.No.617/2024 by the VII Additional City - 5 - NC: 2025:KHC:6621 WP No. 35927 of 2024 Civil and Sessions Judge, Bengaluru is set aside. (iii) The decree holder is directed to furnish the execution petition copy along with all the documents. (iv) If the judgment debtor has any objection to the execution petition, he has to file the same by the end of February 2025. (v) The executing court is directed to proceed with the matter, after filing of the objections, in accordance with law and dispose of the execution petition, by the end of May 2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 0