THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4688 OF 2010 DATED:06-12- 2010. Between Y.V.Dinakar Prasad Naidu … Petitioner-J.Dr. And 1.Smt. K.Subbamma and others …Respondents-D.Hrs. THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4688 OF 2010 ORDER: This revision is directed against the order, dated 26-08-2010 in E.P.No.62 of 2009 in O.P.No.156 of 2006, on the file of the Motor Accidents Claims Tribunal before the IV Additional District Judge, FTC, Anantapur, whereunder and whereby arrest warrant was issued against the petitioner-J.Dr. as he failed to pay the decretal amount with interest and costs. 2. Learned counsel appearing for the petitioner-J.Dr. contended that the J.Dr. has paid the amount and therefore, issuance of arrest warrant is not warranted. 3. Passing of order under Order XXI Rule 37 CPC is not automatic. The D.Hr is required to prove two essential ingredients so as to seek arrest of judgment debtor viz., 1) that the J.Dr. has got sufficient means to pay the decretal amount and 2) he intentionally or wantonly evading to pay the amount. If the two ingredients are satisfied beyond preponderance of probability, then arrest order can be made. The evidence of P.W.1 would go to show that the J.Dr. is having lands and vehicles, but he was evading to pay the decretal amount. The evidence of P.W.1 remained unchallenged. The J.Dr has not come to the witness box to speak about his means and the reasons as to why he was unable to satisfy the decree granted by the trial Court. Therefore, the trial Court rightly accepted the evidence of P.W.1 and ordered arrest of the J.Dr. When the decree has become final, the J.Dr is bound to pay the decretal amount. Therefore, there are no grounds to interfere with the impunged order. 4. Accordingly, the Civil Revision Petition is dismissed. However, the petitioner-J.Dr. is granted three months time from today for payment of the decretal amount together with interest and costs, failing which, the order of trial Court shall be given effect without any further reference of this Court. It is also made clear that under no circumstances, a petition for extension of time can be entertained. No order as to costs. -------------------- K.C.BHANU, J DATED:06-12- 2010 Hsd