THE HON'BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION NO:3976 OF 2010 DATED:18.1.2011 BETWEEN ANANTAPALLI VENKATESWARA RAO. …PETITIONER AND BOMMI RAMAKRISHNA …RESPONDENT. THE HON'BLE SRI JUSTICE R.KANTHA RAO REVISION PETITION NO:3976 OF 2010 ORDER: This revision petition is filed by the petitioner against the order passed in E.A.No:71 of 2009 in E.P.No:54 of 2007 in O.S.No:33 of 2004 on 15.4.2010 by the learned Senior Civil Judge, Vizianagaram. Heard Sri P.R.Prasad, the learned counsel appearing for the revision petitioner. There is no representation consistently on behalf of the respondent. The revision petitioner having obtained a money decree, dated 21.2.2007 for an amount of Rs.2,35,763/- filed E.P.54 of 2007 and attached the amount in the account of the respondent-judgment debtor lying with Vizianagaram Co Operative Urban Bank Limited. He also filed E.A.71 of 2009 under order 21 rule 46 (A) C.P.C to send for the said amount. The learned Executing Court dismissed the said E.A on the ground that as per the directions issued by the Reserve Bank of India, under section 34-A of the Banking Regulation Act, 1949, dated 8.10.2009, the Bank is not permitted to pay exceeding Rs.1,000/- to any depositor and also on the ground that the revision petitioner-decree holder did not state as to whether any appeal or revision is pending against the order passed in E.P.54 of 2007. As rightly contended by the learned counsel representing the revision petitioner, the guidelines issued by the Reserve Bank of India, which are part of the record, are not applicable to the amount in the account of the respondent-judgment debtor lying with the Vizianagaram Co Operative Urban Bank Limited since they are only part of the sale proceeds remained after adjusting the debt due to the Bank borrowed by the respondent-judgment debtor. Therefore, the order passed by the learned Executing Court is unsustainable and the same is liable to be set aside. In the result, the revision petition is allowed setting aside the order impugned herein. Consequently, E.A.71 of 2009 is allowed and the learned Executing Court is directed to proceed as per the provisions of order 21 rule 46 (A) C.P.C against the garnishee. ____________________ Justice R.Kantha Rao Date:18.1.2011 Gurc. THE HON'BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION NO:3976 OF 2010 DATED:18.1.2011