- 1 - HC-KAR NC: 2025:KHC:42412 WP No. 26203 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 26203 OF 2025 (GM-CPC) BETWEEN: M/S SYON CHIT FUND PVT LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT, 2013 HAVING REGISTERED OFFICE AT, NO.27, 27th CROSS, JAYANAGAR 6TH BLOCK, BENGALURU 560070, REPRESENTED BY ITS MANAGING DIRECTOR, DHANUSH N. …PETITIONER (BY SRI. SHRIRAM ADIGA., ADVOCATE) AND: 1. MR.GAJENDRA V K S/O KHADAIAH NO.308, 3RD FLOOR 1ST CROSS, SHANTIPURA HUSKUR, OPP TO SRIRAM HEMPUL ROAD, BENGALURU- 560 100. 2. MR. LANKESH S S/O SIDDHARAMAIAH NO. 574, AVVERAHALLI VILLAGE SULLERIPOST, CHANNARAYAPATNA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42412 WP No. 26203 of 2025 RAMANAGAR - 571501. 3. MR. SHIVASHANKAR R S/O RAMAIAH BHEEMA SADANA, CME LAYOUT 1ST CROSS, CHENNAPATNA RAMANAGARA- 562160. 4. G. SURYAKUMAR S/O GOVINDAPPA NO. 30/1, 1ST FLOOR, SHANTHIPURA VILLAGE, HUSKUR, E-CITY PHASE-2 BANGALORE- 560 100. 5. VINUTHA K W/O GAJENDRA VK NO. 308, 3RD FLOOR, 1ST CROSS SHANTHIPURA, HUSKUR OPP. SRIRAM TEMPLE ROAD E-CITY, BANGALORE- 560 100. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE ORDER OF ISSUING NOTICE ON INTERLOCUTORY APPLICATION AND EXECUTION PETITION TO THE JUDGEMENT DEBTORS ON 24.07.2025 PASSED IN EX. NO. 1603/2025 ON THE FILE OF THE XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-44) VIDE ANNEXURE-A., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42412 WP No. 26203 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard the learned counsel for the petitioner. 2. This Court does not find the need and necessity to issue notice to respondents-JDR, and so also for the reason that notice in the execution petition are yet to be served. 3. The Petitioner is aggrieved by the non-passing of the order under Order 21 Rule 48 of CPC for attachment of salaries of Judgment-Debtors No. 2 and 3 in the execution petition filed by him seeking to execute the orders passed in Dispute No.DRB-3/CFS/54/2024-25 07.02.2025 at Annexure-A. 4. It is the contention of the learned counsel for the petitioner that the petitioner has filed a petition under Section 64(1) of the Chits Fund Act, 1982 against the Judgement Debtors. The Deputy Registrar of Chits Fund had passed an award dated 07.02.2025, for an amount of ₹2,27,965/-. Thereafter, the petitioner had filed an execution petition in E.P.No.1603/2025 on 23.07.2025 which is well within two - 4 - HC-KAR NC: 2025:KHC:42412 WP No. 26203 of 2025 years from the date of the decree/award. In the execution petition an application is filed under Order 21 Rule 48 for attachment of salaries of the judgement debtors Nos.2 and 3 to recover the award amount as per the award dated 07.02.2025. 5. It is the contention of learned counsel for the petitioner that the execution petition is filed within 2 years from the date of the award that is on 7/2/2025, therefore the question of issuance of notice would not arise as contemplated under proviso to Order 21 Rule 22( 1) (c) which reads as under: 22. Notice to show cause against execution in certain case.-(1) Where an application for execution is made,- xxxxx (c) against the assignee or receiver in insolvency, where the party to the decree has been adjudged to be an insolvent, the Court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him; Provided that no such notice shall be necessary in consequence of more than two years having elapsed between the date of the decree and the application for - 5 - HC-KAR NC: 2025:KHC:42412 WP No. 26203 of 2025 execution if the application is made within two years from the date of the last order against the party against whom execution is applied for, made on any previous application for execution against the same person the Court has ordered execution to issue against him. 6. Therefore, he contends that the executing court has failed to look at these provisions and has hurriedly without considering these provisions issued notice on I.A. and on execution petition to the judgement debtors which is illegal arbitrary and the same requires to be quashed. 7. Though notice was ordered, the notice has not been accepted and there is no appearance for the respondents before execution Court, and the matter is still posted for taking steps to the respondent-Judgment Debtors in the execution petition. 8. I have perused the provision under Order 21 Rule 22 (1) (c) which clearly contemplates that if execution petition is filed beyond the period of 2 years notice would be essential, where the execution petition is filed within the period of 2 years from the date of the decree/award notice may not be required. - 6 - HC-KAR NC: 2025:KHC:42412 WP No. 26203 of 2025 9. Under these circumstances, the executing court has committed an error in not looking into these aspects and passed the order which per say illegal and arbitrary and the same requires to be set aside. 10. Accordingly, I pass the following ORDER i) The petition is allowed. ii) The impugned order dated 24.07.2025 passed by the Executing Court in Ex.No.1603/2025 is hereby set aside. iii) The Executing Court is directed to consider the application filed by the petitioner-Judgment Debtor under Order 21 Rule 48 in concerns with the proviso to Order XXI Rule 22 (1) (C) of the Code of Civil Procedure and deal with the same in accordance with law as expeditiously as possible. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE HR-List No.: 1 Sl No.: 28