IN THE COURT OF THE HON’BLE X JUNIOR CIVIL JUDGE:

CITY CIVIL COURTS : AT HYDERABAD

E.P.No. 151 of 2021

IN
ABR/CF/NO. 85 OF 2015

Between:
M/s Aasritha Chit fund(P) Ltd.
.. Decree Holder
Versus
B.Madhu
…Judgment Debtor -2

COUNTER FILED BY THE JUDGMENT DEBTOR -2

May it please your Honour,

The Judgment Debtor -2 above named submits his

Counter as follows:

1. That the Judgment Debtor -2 has filed the Xerox Copy

documents and Judgment Debtor -2 prays this Hon’ble Court to
kindly read the contents of the same as part and parcel of the
Counter.

2. That the Judgment Debtor -2 denies allegations made in

the EP 151 of 2021 are absolutely false and incorrect as such

denied by the Judgment Debtor -2.

3. The That the Judgment Debtor -2 submits that the Decree

Holder has filed this Petition by suppressing the real and

material facts and by misguiding and misrepresenting this

Hon’ble Court as such the Decree Holder has not approached this

Hon’ble Court with clean hands as such not entitled to seek any

relief from this Hon’ble Court.

4. In reply to E.P.No. 151 of 202 in ABRCF/NO. 85 OF 2015 is

false claim by Decree Holder & the petition filed by the Decree

Holder is not maintainable eighter in law or on facts, hence

liable to be dismissed , are all false and baseless with a

malafide intention to harass and false claim from Judgment

Debtor by suppressing real facts which amounts to “PERJURY”

Under section of Indian Penal Code & CrP.C Section 340 R/w 195

in this Hon’ble court with ”Un clean hands”.

BRIEF FACTS OF THE CASE AS FOLLOWING

1. It is humbly submit that, in the month & year

24.02.2016 M/s Aasritha Chit funds Private Limited
filed EP 32 of 2016 in ABR/CF/NO. 85 OF 2015 – This
Document enclosed as Exbit No 1 enclosed with list of
document Serial No 1
2. Based on Order copy of the Hon’ble X Junior civil
judge passed Order against Judgment Debtor-2 court
order under Order 21, Rule 48 of CPC addressing To
Personal Wing ,Hyderabad Division Hyderabad Bhawan,
South Central Railways, Secendrabad – This Document
enclosed as Exbit No 2 enclosed with list of document
Serial No 2

3. The South Central Railway received the same Order

copy to Attach the salary of Sri B.Madhu who is working
as Occupation : LCPLTGDS-II – these words can be seen in
Exbit No 2

4. According to Order of the Hon’ble X Junior civil

judge in EP 32 of 2016 in ABR/CF/NO. 85 OF 2015 as
follows - these words can be seen in Exbit No 2

“ You are Directed to with hold the said amount

of Rs.69,391/- from the salary of Sri B.Madhu JD No 2,
in monthly instalment of Rs.1/3 of his total salary
after excluding first of Rs.1000/- exempted under
section 60 of CPC and remit the said sum ( or monthly
installment ) to this court”.
5. Its therefore submit to this Hon’ble
court that the Salary certificate of B.Madhu clearly
shows salary deductions every month from April 2016 to
2017 Feb 2017 as follows – This Document enclosed as
Exbit No 3 enclosed with list of document Serial No-3

SALARY DEDUCTIONS OF SRI BOGOJU MADHU

2016 TO 2017
SERIAL NO MONTH & YEAR SALARY
DEDUCTIONS IN
RUPEES
1 APRIL 2016 NIL
2 MAY 2016 NIL
3 JUNE 2016 8,300
4 JULY 2016 8,300
5 AUGUST 2016 8,300
6 SEPTEMBER 2016 8,300
7 OCTOBER 2016 8,300
8 NOVEMBER 2016 8,300
9 DECEMBER 2016 8,300
10 JAN 2017 8,300
11 FEB 2017 2,991
12 MARCH 2017 NIL
TOTAL RS.69,391
SALARY CERTIFICATE DULY ENCLOSED AS EXIBIT No. 3
WITH LIST OF DOCUMENTS
 6. It is Humbly submit that , as per the South Central
Railway inward book entry No 149 which clearly shows
the amount and purpose of deductions from salary from
B.Madhu who is judgement Debtor 2 obliged the court
order . Paid the full amount as per the court order
Hon’ble X Junior civil Judge Court at Hyderabad CCC
complex Rs 69,391 also entered in the Inward book of
south central Railways book same filed with this counter
– This Document enclosed as Exbit No 4 enclosed with
list of document Serial No- 4

7. It is humbly submit that suppressing the

above facts by the M/s Aashritha Chit Funds Private
Limited filed present EP 151 of 2021 in ABR/CF/No 85
of 2015 at Hon’ble X Junior Civil Judge court claiming
Rs 55,355 /- The court has to appreciate that “No where
in EP 151 of 2021 in ABR/CF/No 85 of 2015 not
mentioned any details payment of Rs.69,391” -This
Document enclosed as Exbit No 5 enclosed with list of
document Serial No- 5
8. The Present EP 151 of 2021 in ABR/CF/No 85 of 2015
Set Particulars required by Order XXI Rule 5 rules
11(2)clause to (1) of the code
Date of Award : 13.08.2015
Amount of Award Rs.58,153-00
Amount of Cost Awarded Rs.4,735-00
Intrest on Principal amount Rs.37,267-00
Rs.35,108/-@18% P.a. from
07.02.2015 to 30.12.2020
Total Rs.1,00,155-00
Less amount Paid: Prl Rs.45,330*********
Rs.27,591/-+Intrest
Rs.17,739/-
Balance Rs.54,825-00
Advocate Fee Rs.430-00
Total amount of EP Rs.100-00
Against Whom to be Rs.55,355
executed
Note: *********Less amount Paid Principal amount Rs.
27,591 + Intrest of Rs. 17,739 = Rs.45,330 only but
according to EP 32 of 2016 in ABR/CF/No 85 of 2015
paid Rs.69,391 and Present EP 151 of 2021 in
ABR/CF/No 85 of 2015 amount is Rs. 58,153.... This
Document enclosed as Exbit No 6 enclosed with list of
document Serial No- 6
 9. Therefore Rs.69,391 – Rs.58,153 =Rs.11,238 only but
this amount is not mentioned in mentioned in present EP No
151 of 2021 in ABR/CF/No 85 of 2015 more ever simply
stated in EP 32 of 2016 closed; but Decree holder never
mentioned in any document Rs 69,391 and again and again
claiming amount to be paid Rs.55,535/ its not able to
satisfy the facts and circumstances and principles of
Natural Justice .

10.It is humbly submit that the Decree holder committed

offence “PERJURY” Under section of Indian Penal Code &
CrP.C Section 340 R/w 195 in this Hon’ble court with
”Un clean hands” BY M/s Aashritha Chit Funds Private
Limited filed present EP 151 of 2021 in ABR/CF/No 85
of 2015 at Hon’ble X Junior Civil Judge court claiming
Rs 55,355

That in the light of facts and circumstances, The Decree Holder

violated the Principles of Natural justice and Double jeopardy.
The doctrine from the Indian Constitution, specifically Article
20(2), which deals with and specifies the meaning of the double
jeopardy doctrine which clearly explains “No individual shall be
arrested and punished for the same offence more than once,”
 Its shocking to see contents in EP No 151 of 2021 in
ABR/CF/No 85 of 2015 is evidence which clearly proved hence
the court must under go with case facts and circumstances call
for complete Records of EP 32 of 2016 IN ABR/CF/No 85 of 2015
immediately.

The above case Lacking of merits and the Decree Holder is not
entitled to seek any relief from this Hon’ble Court and the
Petition is lack of merits as such the Petition is fit to be
dismissed with exemplary costs.

It is therefore prayed that this Hon’ble Court may be

pleased to dismiss the EP No 151 of 2021 in ABR/CF/No 85 of
2015 & call for records of EP 32 of 2016 IN ABR/CF/No 85 of 2015
immediately as well as impose with exemplary costs in the
interest of Justice and Equity.

Sworn and signed before me on

20th day of September 2022 at Secunderabad.

DEPONENT

//BEFORE ME//

ADVOCATE//SECUNDERABAD
 IN THE COURT OF THE HON’BLE
X JUNIOR CIVIL JUDGE: CITY
CIVIL COURTS
AT HYDERABAD

E.P.No. 151 of 2016

in
ABR/CF/NO. 85 OF 2015

Between:

M/s Aasritha Chit fund(P) Ltd.

…. Decree Holder

Versus
B.Madhu
..

Judgment Debtor -2

COUNTER FILED
BY THE
JUDGMENT DEBTOR -2

Filed on :20.09.2022

Filed by: Counsel for

Judgment Debtor 2

B.NACHIKETH
ADVOCATE, TS/1755/2006
FLAT NO : A-4,
RAGHAVENDRA KRUPA APARTMENTS ,
DOMALGUDA-Hyd -29
Cell:9703500856
 LIST OF DOCUMENT (Rule 9,10 and 62)
(Under Order VII Rule 14 or Order XIII R.1 of CPC)
IN THE COURT OF THE HON’BLE X JUNIOR CIVIL JUDGE:
CITY CIVIL COURTS : AT HYDERABAD

E.P.No. 151 of 2021

IN
ABR/CF/NO. 85 OF 2015

Between:
M/s Aasritha Chit fund(P) Ltd.
.. Decree Holder
Versus
B.Madhu
…Judgment Debtor -2

LIST OF DOCUMENTS FILED BY THE JUDGMENT DEBTOR -2

SL DATE PARTICULARS OF DOCUMENTS

No.

1. 04.02.2016 EP 32 of 2016

2. 30.03.2016 Hon’ble X Junior civil judge passed

Order against Judgment Debtor-2
court order under Order 21, Rule
48 of CPC addressing To Personal
Wing ,Hyderabad Division
Hyderabad Bhawan, South Central
Railways, Secendrabad,
Attachment under Order 21, Rule
48 against JDR 2 for salary
Attachment next date given as
30.03.2016 & EP 32 of 2016 closed

3. 16.06.2022 Salary REPORT OF MR BOGOJU

 MADHU , 2016 TO 2017 Statement
of JDR 2
4. 06.06.2016

South Central Railway inward book

entry No 149; Hon’ble X Junior
civil Judge Court at Hyderabad
CCC complex Rs 69,391
attachment Salary Attachment as
per the Hon’ble X Junior Civil
Judge court order Accounts
section confirmation proceedings
order No 265/2013, 19.05.2016
5. 26.03.2021 EP 151 of 2021 proceedings in
Hon’ble X Junior civil Judge at
CCC Complex
6. 26.03.2021 EP 151 of 2021 proceedings in
Hon’ble X Junior civil Judge at
CCC Complex

Date : 20 September2022
Place: Hyderabad.
COUNSEL FOR JUDGMENT DEBTOR -2

IN THE COURT OF THE HON’BLE

X JUNIOR CIVIL JUDGE: CITY
CIVIL COURTS
 AT HYDERABAD

E.P.No. 151 of 2016

in
ABRCF/NO. 85 OF 2015

Between:

M/s Aasritha Chit fund(P) Ltd.

.. Decree Holder

and
B.Madhu
..

Judgment Debtor -2

LIST OF DOCUMENTS FILED

BY JUDGMENT DEBTOR -2

Filed on : 20 .09.2022

Filed by: Counsel for

Judgment Debtor - 2

B.NACHIKETH
ADVOCATE, TS/1755/2006
FLAT NO : A-4,
RAGHAVENDRA KRUPA APARTMENTS ,
DOMALGUDA-Hyd -29
Cell:9703500856

IN THE COURT OF THE HON’BLE X JUNIOR CIVIL JUDGE:

CITY CIVIL COURTS : AT HYDERABAD
 E.P.No. 151 of 2021
IN
ABR/CF/NO. 85 OF 2015

Between:
M/s Aasritha Chit fund(P) Ltd.
.. Decree Holder
Versus
B.Madhu
…Judgment Debtor -2

AFFIDAVIT

1. I am a Judgment Debtor -2 in above mentioned case and

well acquainted with the facts of the case and depose as under

2. I being a Judgment Debtor 2 denies allegations made in the

EP 151 of 2021 are absolutely false and incorrect as such denied.

2. I humbly submit that Decree Holder has filed in this

Petition by suppressing the real and material facts

and by misguiding and misrepresenting this Hon’ble

Court as such the Decree Holder has not approached

this Hon’ble Court with clean hands as such not

entitled to seek any relief from this Hon’ble Court.

4. I humbly submit that In reply to E.P.No. 151 of 202 in

ABRCF/NO. 85 OF 2015 is false claim by Decree Holder & the

petition filed by the Decree Holder is not maintainable eighter in

law or on facts, hence liable to be dismissed , are all false and

baseless with a malafide intention to harass and false claim

from Judgment Debtor by suppressing real facts which amounts

to “PERJURY” Under section of Indian Penal Code & CrP.C

Section 340 R/w 195 in this Hon’ble court with ”Un clean

hands”.

BRIEF FACTS OF THE CASE AS FOLLOWING

1. It is humbly submit that, in the month & year

24.02.2016 M/s Aasritha Chit funds Private Limited
filed EP 32 of 2016 in ABR/CF/NO. 85 OF 2015 – This
Document enclosed as Exbit No 1 enclosed with list of
document Serial No 1

2. Based on Order copy of the Hon’ble X Junior civil

judge passed Order against Judgment Debtor-2 court
order under Order 21, Rule 48 of CPC addressing To
Personal Wing ,Hyderabad Division Hyderabad Bhawan,
South Central Railways, Secendrabad – This Document
enclosed as Exbit No 2 enclosed with list of document
Serial No 2
3. The South Central Railway received the same Order
copy to Attach the salary of Sri B.Madhu who is working
as Occupation : LCPLTGDS-II – these words can be seen in
Exbit No 2

4. According to Order of the Hon’ble X Junior civil

judge in EP 32 of 2016 in ABR/CF/NO. 85 OF 2015 as
follows - these words can be seen in Exbit No 2

“ You are Directed to with hold the said amount

of Rs.69,391/- from the salary of Sri B.Madhu JD No 2,
in monthly instalment of Rs.1/3 of his total salary
after excluding first of Rs.1000/- exempted under
section 60 of CPC and remit the said sum ( or monthly
installment ) to this court”.

5. Its therefore submit to this Hon’ble

court that the Salary certificate of myself ( B.Madhu)
clearly shows salary deductions every month from April
2016 to 2017 Feb 2017 as follows – This Document
enclosed as Exbit No 3 enclosed with list of document
Serial No-3

SALARY DEDUCTIONS OF SRI BOGOJU MADHU

 2016 TO 2017
SERIAL NO MONTH & YEAR SALARY
DEDUCTIONS IN
RUPEES
1 APRIL 2016 NIL
2 MAY 2016 NIL
3 JUNE 2016 8,300
4 JULY 2016 8,300
5 AUGUST 2016 8,300
6 SEPTEMBER 2016 8,300
7 OCTOBER 2016 8,300
8 NOVEMBER 2016 8,300
9 DECEMBER 2016 8,300
10 JAN 2017 8,300
11 FEB 2017 2,991
12 MARCH 2017 NIL
TOTAL RS.69,391
SALARY CERTIFICATE DULY ENCLOSED AS EXIBIT No. 3
WITH LIST OF DOCUMENTS

7. It is Humbly submit that , as per the South Central Railway

inward book entry No 149 which clearly shows the amount
and purpose of deductions from my salary (B.Madhu)
judgement Debtor 2 obliged the court order . Paid the full
amount as per the court order.
The Hon’ble X Junior civil Judge Court at Hyderabad CCC
complex Rs 69,391 also entered in the Inward book of
south central Railways book same filed with this counter –
This Document enclosed as Exbit No 4 enclosed with list of
document Serial No- 4

7. It is humbly submit that suppressing the

above facts by the M/s Aashritha Chit Funds Private
Limited filed present EP 151 of 2021 in ABR/CF/No 85
of 2015 at Hon’ble X Junior Civil Judge court claiming
Rs 55,355 /- The court has to appreciate that “No where
in EP 151 of 2021 in ABR/CF/No 85 of 2015 not
mentioned any details payment of Rs.69,391” -This
Document enclosed as Exbit No 5 enclosed with list of
document Serial No- 5

8. The Present EP 151 of 2021 in ABR/CF/No 85 of 2015

Set Particulars required by Order XXI Rule 5 rules
11(2)clause to (1) of the code
Date of Award : 13.08.2015
Amount of Award Rs.58,153-00
Amount of Cost Awarded Rs.4,735-00
Intrest on Principal amount Rs.37,267-00
Rs.35,108/-@18% P.a. from
07.02.2015 to 30.12.2020
Total Rs.1,00,155-00
Less amount Paid: Prl Rs.45,330*********
Rs.27,591/-+Intrest
Rs.17,739/-
Balance Rs.54,825-00
Advocate Fee Rs.430-00
Total amount of EP Rs.100-00
Against Whom to be Rs.55,355
executed
Note: *********Less amount Paid Principal amount Rs.
27,591 + Intrest of Rs. 17,739 = Rs.45,330 only but
according to EP 32 of 2016 in ABR/CF/No 85 of 2015
paid Rs.69,391 and Present EP 151 of 2021 in
ABR/CF/No 85 of 2015 amount is Rs. 58,153.... This
Document enclosed as Exbit No 6 enclosed with list of
document Serial No- 6
9. I , Therefore, submit that Rs.69,391 – Rs.58,153
=Rs.11,238 only but this amount is not mentioned in
mentioned in present EP No 151 of 2021 in ABR/CF/No 85 of
2015 more ever simply stated in EP 32 of 2016 closed; but
Decree holder never mentioned in any document Rs 69,391
and again and again claiming amount to be paid
Rs.55,535/ its not able to satisfy the facts and
circumstances and principles of Natural Justice .

10. It is humbly submit that the Decree holder committed

offence “PERJURY” Under section of Indian Penal Code &
CrP.C Section 340 R/w 195 in this Hon’ble court with
”Un clean hands” BY M/s Aashritha Chit Funds Private
Limited filed present EP 151 of 2021 in ABR/CF/No 85
of 2015 at Hon’ble X Junior Civil Judge court claiming
Rs 55,355
 I humbly submit that in the light of facts and circumstances,
The Decree Holder violated the Principles of Natural justice and
Double jeopardy.
The doctrine from the Indian Constitution, specifically Article
20(2), which deals with and specifies the meaning of the double
jeopardy doctrine which clearly explains “No individual shall be
arrested and punished for the same offence more than once,”

Its shocking to see contents in EP No 151 of 2021 in

ABR/CF/No 85 of 2015 is evidence which clearly proved hence
the court must under go with case facts and circumstances call
for complete Records of EP 32 of 2016 IN ABR/CF/No 85 of 2015
immediately.

The above case Lacking of merits and the Decree Holder is not
entitled to seek any relief from this Hon’ble Court and the
Petition is lack of merits as such the Petition is fit to be
dismissed with exemplary costs.

It is therefore prayed that this Hon’ble Court may be

pleased to “STAY & DISMIS” further proceedings in EP No 151 of
2021 in ABR/CF/No 85 of 2015 & call for records of EP 32 of 2016
IN ABR/CF/No 85 of 2015 immediately as well as impose with
exemplary costs in the interest of Justice and Equity.

Sworn and signed before me on

20th day of September 2022 at Secunderabad. DEPONENT

ADVOCATE //SECUNDERABAD

IN THE COURT OF THE HON’BLE X JUNIOR CIVIL JUDGE:

 CITY CIVIL COURTS : AT HYDERABAD

E.P.No. 151 of 2021

IN
ABR/CF/NO. 85 OF 2015

Between:
M/s Aasritha Chit fund(P) Ltd.
.. Decree Holder
Versus
B.Madhu
…Judgment Debtor -2

PETITION FILED UNDER ORDER 21 RULE 29 OF CPC

For the reasons stated in the accompanying affidavit , the

Judgment Debtor -2 herein pray that the Hon’ble court my be

pleased to stay of all further proceedings in EP 151 of 2021 in

ABR/CF/No 85 of 2015 and pass such other order or orders as the

Hon’ble court may deem fit and proper in the circumstances of

the case .

Sworn and signed before me on

20th day of September 2022 at Secunderabad. DEPONENT

ADVOCATE //SECUNDERABAD
 IN THE COURT OF THE HON’BLE
X JUNIOR CIVIL JUDGE: CITY
CIVIL COURTS
AT HYDERABAD

E.P.No. 151 of 2016

in
ABR/CF/NO. 85 OF 2015

Between:

M/s Aasritha Chit fund(P) Ltd.

…. Decree Holder

Versus
B.Madhu
..

Judgment Debtor -2

STAY PETTION
FILED UNDER
ORDER
21 RULE 29 OF CPC

Filed on :20.09.2022

Filed by: Counsel for

Judgment Debtor 2

B.NACHIKETH
ADVOCATE, TS/1755/2006
FLAT NO : A-4,
RAGHAVENDRA KRUPA APARTMENTS ,
DOMALGUDA-Hyd -29
Cell:9703500856
 LIST OF DOCUMENT (Rule 9,10 and 62)
(Under Order VII Rule 14 or Order XIII R.1 of CPC)
IN THE COURT OF THE HON’BLE X JUNIOR CIVIL JUDGE:
CITY CIVIL COURTS : AT HYDERABAD

E.P.No. 151 of 2021

IN
ABR/CF/NO. 85 OF 2015

Between:
M/s Aasritha Chit fund(P) Ltd.
.. Decree Holder
Versus
B.Madhu
…Judgment Debtor -2

LIST OF DOCUMENTS FILED BY DEPONENT

SL DATE PARTICULARS OF DOCUMENTS

No.

1. 04.02.2016 EP 32 of 2016

2. 30.03.2016 Hon’ble X Junior civil judge passed

Order against Judgment Debtor-2
court order under Order 21, Rule
48 of CPC addressing To Personal
Wing ,Hyderabad Division
Hyderabad Bhawan, South Central
Railways, Secendrabad,
Attachment under Order 21, Rule
48 against JDR 2 for salary
Attachment next date given as
30.03.2016 & EP 32 of 2016 closed
 3. 16.06.2022 Salary REPORT OF MR BOGOJU
MADHU , 2016 TO 2017 Statement
of JDR 2
4. 06.06.2016

South Central Railway inward book

entry No 149; Hon’ble X Junior
civil Judge Court at Hyderabad
CCC complex Rs 69,391
attachment Salary Attachment as
per the Hon’ble X Junior Civil
Judge court order Accounts
section confirmation proceedings
order No 265/2013, 19.05.2016
5. 26.03.2021 EP 151 of 2021 proceedings in
Hon’ble X Junior civil Judge at
CCC Complex
6. 26.03.2021 EP 151 of 2021 proceedings in
Hon’ble X Junior civil Judge at
CCC Complex

Date : 20 September2022
Place: Hyderabad.
DEPOENT
 IN THE COURT OF THE HON’BLE
X JUNIOR CIVIL JUDGE: CITY
CIVIL COURTS
AT HYDERABAD

E.P.No. 151 of 2016

in
ABRCF/NO. 85 OF 2015

Between:

M/s Aasritha Chit fund(P) Ltd.

.. Decree Holder

and
B.Madhu
..

Judgment Debtor -2

LIST OF DOCUMENTS FILED

BY DEPONENT

Filed on : 20 .09.2022

Filed by: Counsel for

Judgment Debtor - 2

B.NACHIKETH
ADVOCATE, TS/1755/2006
FLAT NO : A-4,
RAGHAVENDRA KRUPA APARTMENTS ,
DOMALGUDA-Hyd -29
Cell:9703500856