IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO CIVIL REVISION PETITION No.4874 OF 2007 Between: Vanaparthi Subba Rao and another. - - - Petitioners/ Decree Holders. AND Divisional Engineer (Operation), A.P.E.P.D.C.L., Nidadavole, West Godavari District, and another. - - - Respondents/ Judgment Debtors. The Court made the following: THE HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.4874 OF 2007 ORDER: This Civil Revision Petition is filed by the plaintiffs-decree holders against the order dated 27-08-2007 in E.P. No.98 of 2006 in O.S. No.355 of 2004 on the file of the I Additional Junior Civil Judge, Kovvur. 2. The plaintiffs have filed a suit against the defendants who are employees of the Andhra Pradesh Eastern Power Distribution Company Limited (for short, ‘APEPDCL’) claiming that the excess amount has been billed and therefore they are entitled to be reimbursed. The suit was decreed on 07-02-2005 and thereafter the present Execution Petition was filed and the judgment debtors have filed counter contending that they are only the employees of the A.P.E.P.D.C.L. and are not personally liable for the claim and there is no decree against the company and therefore they are not liable. The lower Court accepted the contention of the judgment debtors and dismissed the Execution Petition. Aggrieved by the said order, the present revision is filed. 3. The point for consideration is, whether the order of the lower Court in dismissing the Execution petition is legal? 4. Evidently, the suit has been filed against the judgment debtors in their official capacity as the employees of the A.P.E.P.D.C.L. for the issue of the bills which were found to be incorrect and on which basis the suit was filed. The observation of the lower Court and the contention of the judgment debtors that there is no personal liability against them can be accepted but the suit was filed as they are the employees of the A.P.E.P.D.C.L. and they are the persons who have issued the bills and they represent the Corporation of which they are the employees and management and therefore, any decree passed against them will be in substance decree against the Corporation in which they are employed. The Execution Petition was also filed to proceed against the assets of the A.P.E.P.D.C.L. and not against the personal assets of the judgment debtors. 5. Therefore, in view of the above circumstances, the dismissal of the Execution Petition is not valid and the judgment debtors cannot raise any objection about the executability of the decree at this stage. They have not taken any objection regarding the executability of the decree before the lower Court, and even the corporation also cannot raise any objection when the decree has become final. 6. Therefore, in view of the above circumstances, the order of the lower Court is set aside and the decree holders can proceed against the assets of the Corporation and not against the judgment debtors individually. Accordingly, the civil revision petition is allowed. No costs. ________________________ N.R.L. NAGESWARA RAO, J. Dt.14-12-2010. DSH