THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P. No.4826 of 2009 Date of Order: 25-11-2011 Between: Vanama Janardhana Rao ..Petitioner and 1. Sri Venkataraya Chit Fund (P) Ltd. Rep. by its Managing Director, Dr.M.Harischandra Prasad and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.4826 of 2009 Oral order: Petitioner/judgment debtor No.1 filed this revision questioning the correctness of the order passed by the I Additional Senior Civil Judge, Vijayawada in allowing E.P.No.179 of 2007 in O.S.No.400 of 2005, dated 29-07-2009 and ordering arrest of the petitioner. No evidence has been adduced by the decree holder that the petitioner/judgment debtor No.1 in spite of sufficient means evaded to pay the decretal amount. No doubt, the petitioner/judgment debtor No.1, who examined as R.W.1, stated that he has closed his business three years back and he has not filed any insolvency petition. He further stated that he is selling chilly powder collecting the same from the ladies and getting income of Rs.2,500/- per month. He is residing in Chittinagar for the last three years and he owns a house in Kabela, which he sold three years back for an amount of Rs.8 lakhs and he has no means to pay the E.P. amount. The same was taken against the petitioner in ordering arrest. This Court in PANDUGAYALA SUBBARAYADU v. KATTAMURI SRI KRISHNA held simple default to discharge the decree is not enough, but there must be some element of bad faith beyond mere indifference to pay as held by the Supreme Court in JOLLY GEORGE VARGHESE v. BANK OF COCHIN (AIR 1980 SC 470). Necessary enquiry has to be conducted on the evidence adduced by the decree-holder about sufficient means of judgment debtor before ordering his arrest. In view of the same, impugned order is set aside and the Civil Revision petition is allowed with a direction to the Court below to reconsider E.P.No.179 of 2007 after making enquiry in the light of the observations made by this court in PANDUGAYALA SUBBARAYADU v. KATTAMURI SRI KRISHNA (1 supra) and pass appropriate orders afresh in accordance with law. No costs. _________________ A.GOPAL REDDY, J. 25-11-2011 Murthy