C.R.P.No.3041 of 2021
and C.M.P.Nos.21492 of 2021 & 6016 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2022
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
C.R.P.3041 of 2021
and
C.M.P.Nos.21492 of 2021 & 6016 of 2022
Perumal ...Petitioner
Vs.
M/s.Galada Finance Limited,
Rep. by its Authorized Signatory,
No.4, New No.7, Shafee Mohammed Road,
Thousand Lights, Chennai - 600 006. ... Respondent
Prayer : Civil Revision Petition filed under Section 115 of CPC., against
the fair and decreetal order dated 25.11.2021 passed in E.A.No.3 of 2021
in E.P. No.1938 of 2015 on the file of the X Assistant City Civil Court,
Chennai.
For Petitioner : Mr.R.Lakshmi Narasimhan
For Respondent : Mr.R.Murugan
Page 1 of 4
https://www.mhc.tn.gov.in/judis
C.R.P.No.3041 of 2021
and C.M.P.Nos.21492 of 2021 & 6016 of 2022
ORDER
The present civil revision petition is filed against the order dated 25.11.2021 passed in E.A.No.3 of 2021 in E.P. No.1938 of 2015 on the file of the X Assistant City Civil Court, Chennai.
2.The revision petitioner is the judgment debtor in C.P.No.KSG/15/2013 execution of the award passed in the Arbitration the judgment decree holder filed E.P.No.1938 of 2015 before the learned X Assistant City Civil Court, Chennai, under Section 151 of CPC., to permit him to pay Rs.50,000/- per month to the decree holder. The decree holder filed a counter and after full contest, E.A.No.3 of 2021 was dismissed by the learned X Assistant City Civil Court, Chennai.
Aggrieved over the same, the present civil revision petition is filed.
3.Admittedly, the judgment debtor has availed a car loan of Rs.9,00,000/- from the decree holder and paid thirteen monthly installment for Rs.4,55,000/- in the petition in E.A.No.3 of 2021. The judgment debtor has sought the decree holder to adjust the installment Page 2 of 4 https://www.mhc.tn.gov.in/judis C.R.P.No.3041 of 2021 and C.M.P.Nos.21492 of 2021 & 6016 of 2022 paid by him from principal loan amount and waive the interest. The Executing Court has rightly dismissed the said application and also made an observation in its order that the judgment debtor, though has been representing since the year 2017, that he is willing to repay the entire loan amount till date of passing of E.A.No.3 of 2021, he did not pay even a single rupee towards decree amount in order to show his bonafide.
4.In the circumstances, the civil revision petition is dismissed.
No costs. Consequently, connected civil miscellaneous petitions are closed.
13.09.2022 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl Page 3 of 4 https://www.mhc.tn.gov.in/judis C.R.P.No.3041 of 2021 and C.M.P.Nos.21492 of 2021 & 6016 of 2022 R. HEMALATHA, J.
mtl To
1.The X Assistant City Civil Court, Chennai.
2.The Section Officer, VR Section, High Court, Madras.
C.R.P.3041 of 2021 and C.M.P.Nos.21492 of 2021 & 6016 of 2022 13.09.2022 Page 4 of 4 https://www.mhc.tn.gov.in/judis