THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD C.M.A.No.3201 of 2003 25th March, 2011 Between :- B.N.Mehra and Company Having is office at Sikh Road, Sikh Village, Secunderabad Rep. By its Managing Director Ashwin Mehra .. Appellant And Saroj Chadha and others .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD C.M.A.No.3201 of 2003 JUDGMENT:- (per THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY) This C.M.A. is directed against the order dated 29-7-2003 passed in E.A.No.3 of 2001 in E.P.No.48 of 2000 in O.S.No.136 OF 1999 on the file of the I-Additional Chief Judge, City Civil Court, Secunderabad, whereby and whereunder the claim application filed by the 1st respondent under Order XXI Rule 58 of C.P.C. came to be allowed. Though the 1st respondent entered appearance through a Counsel, neither the Counsel nor the 1st respondent appeared before the Court when the C.M.A. came up for hearing. After hearing the arguments on behalf of the appellant on 4-2-2011, the C.M.A. was directed to be listed under the caption ‘for Judgment’. Despite the matter being listed under the caption ‘for Judgment’, there is no representation on behalf of the 1st respondent. It indicates that the 1st respondent is not interested to resist the C.M.A. Heard learned Counsel appearing for the appellant. Background facts, in a nutshell, leading to filing of this civil miscellaneous appeal by the third respondent in E.A.No.3 of 2001 in E.P.No.48 of 2000 in O.S.No.136 of 1999 on the file of I Additional Chief Judge, City Civil Court, Secunderabad are:- Smt.Saroj Chadha-1st respondent herein filed O.S.No.332 of 1996 on the file of IV Additional Senior Civil Judge, City Civil Court, Hyderabad against R.K.Soni Chit Funds represented by its Proprietor Rajan Soni and Rajan Soni for recovery of Rs.4,64,000/-. She also filed I.A.No.416 of 1996 for attachment of the amount lying with the Registrar of Chits and an order of attachment before judgment came to be granted and subsequently, the suit ended in decree on 22.3.1997. She filed E.P.No.65 of 1997 for realization of the decreetal amount and moved E.A.No.221 of 1998 under Order XXI Rule 46 CPC seeking direction to the Registrar of Chits to deposit the attached amount. Pursuant to the orders passed in E.A.No.221 of 1998, the Registrar of chits sent FDRs and thereupon, the said FDRs came to be encashed and proceeds came to be received by the Court on 6.11.2000. The appellant-B.N.Mehra and Company filed O.S.No.136 of 1999 on the file of I Additional Chief Judge, City Civil Court, Secunderabad against R.K.Soni Chit Funds represented by its Proprietor Rajan Soni and Rajan Soni-respondents 2 and 3 for recovery of money. The appellant also filed I.A.No.1990 of 1999 on 30.11.1999 seeking for attachment of the fixed deposit amount lying with the Registrar of chit. The suit ended in decree and thereafter, E.P.No.48 of 2000 came to be filed on 7.11.2000 for realization of the decreetal amount. The 1st respondent-Saroj Chadha filed E.A.No.3 of 2001 under Order XXI Rule 58 CPC seeking the following reliefs:- “a) Declaring the petitioner herein is entitled to receive the amount of Rs.6,02,333/- lying in credit of E.P.No.65 of 1997 on the file of IV Additional Senior Civil Judge, City Civil Court, at Hyderabad by giving this petitioner as First charge over the amount. b) and by raising the order of attachment dated 7-11-2000 and consequently setting aside the order dated 7-11-2000 in respect of the schedule property amount which is already attached and credited in the account of the E,P.No.65/1997 on the file of IV Additional Senior Civil Judge, City Civil Court, Hyderabad and c) award costs of the petition d) and to grant such other relief or reliefs as this Hon’ble Court may be deem fit and order”. The claim of the 1st respondent came to be allowed by the I- Additional Chief Judge, City Civil Court, Secunderabad, in view of her securing a decree in O.S.No.332 of 1996 on the file of the IV-Senior Civil Judge, City Civil Court, Hyderabad. The respondents No.2 and 3 herein, who are the defendants in the said suit, have filed C.C.C.A.No.149 of 2003 assailing the Judgment and Decree. The said appeal being allowed on this day by separate Judgment returning the plaint for presentation before the proper Court. When once the Judgment and Decree passed in O.S.No.332 of 1996 is set aside, the claim application filed by the 1st respondent is liable to be dismissed. Consequently, this appeal is allowed setting aside the order dated 29- 7-2003 and E.A.No.3 of 2001 stands dismissed. No costs. _________________________ B.Seshasayana Reddy, J _________________________ P.Durga Prasad, J 25th March, 2011 smr