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1988 DIGILAW 18 (KAR)

KARNATAKA FILM CHAMBER OF COMMERCE v. T. H. NARASINGA RAO

1988-01-14

body1988
CHANDRAKANTHARAJ, J. ( 1 ) THE petitioner-the Karnataka Film chamber of Commerce, is aggrieved by the order passed by the Court of the small Causes, Bangalore City in Execution Case No. 5044 of 1986. The Decree- holder in the said case, got certain amount in deposit with the petitioner attached before judgment in S. C. No. 1987 of 1986 in which a decree was passed and which was being executed. Garnishee was issued notice under Rule 46-A of Order 21 C. P. C. On the date the execution petition was presented and order was passed attachment made before judgment had not been raised. It had never been raised. In the result, the learned Judge despite the denial of the liability of the garnishee proceeded to direct to pay all the amount in deposit which was attached in execution of the decree in terms of Rule 46 of Order 21 c. P. C. That view appears to be correct and does not call for interference. Reliance placed by Mr. S. M. Hegde kadave, the learned Counsel for the petitioner on a Division Bench ruling of this court in V. M Ranganatham Chettiar v. G. S. Tallam and another [ (1965) 2 mys L. J. 136], does not assist him any longer in view of the amendment made to order 21 in 1976 by inserting Rules 46 A and 46 B. Therefore, prohibition indicated by the Division Bench in the aforementioned decision for holding enquiry as to the liability of the garnishee has since disappeared and specific provisions made in Rules 46-A and 46-B should prevail, in the instant case, it is not denied that the garnishee was informed not only of the attachment but also of the execution taken out. Therefore in terms of Rule 46-B if he has otherwise dealt with the attached money; he becomes liable as if the decree is against him. This is obvious from the language of Section 46-B which reads as follows :-"46-B. Where the garnishee does not forthwith pay into court the amount due from him to the Judgment-debtor or so much thereof as is sufficient to satisfy the decrere and the costs of execution, and does not appear and show cause in answer to the notice. This is obvious from the language of Section 46-B which reads as follows :-"46-B. Where the garnishee does not forthwith pay into court the amount due from him to the Judgment-debtor or so much thereof as is sufficient to satisfy the decrere and the costs of execution, and does not appear and show cause in answer to the notice. the Court may order the garnishee to comply with the terms of such notice and on such order, execution may issue as though such order were a decree against him. " (emphasis supplied) ( 2 ) ONE other argument of Sri Hegde kadave was that the amount was deposited not with the Karnataka Film Chamber of Commerce, but with the Conciliation board. This has been dealt with by the learned Judge of the Executing Court pointing out that the Conciliation Board was constituted under the very Articles of the Karnataka Film Chamber of Commerce and when the said Conciliation board has emerged under the Articles of association of the Garnishee, it cannot be said that the amount deposited with is not amount deposited with the Film chamber. ( 3 ) NO other provision of law has been pointed out to demonstrate that the conciliation Board is separate from the Karnataka Film Chamber of Commerce. In the result, the petition is misconceived and is rejected. --- *** --- .