Madras High Court
Subashini Marimuthu vs The Branch Manager on 31 August, 2021
C.R.P.No.1247 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2021
CORAM:
THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
C.R.P. No.1247 of 2021
(Through Video Conference)
Subashini Marimuthu .. Petitioner
Versus
1.The Branch Manager,
Union Bank of India
139 Prakasam Road,
Manadi Police Colony
George Town,
Chennai.
2.The Branch Manager,
Indusind Bank, Anna Nagar Branch
Anna Nagar, Chennai 600 040
3.Suresh Selvathurai .. Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of
India to direct the XV Assistant City Civil Court, Chennai to dispose of
O.S.No.4143 of 2020.
For Petitioner : M/s.M.R.Ramasubramaniam Raja
For Respondent : M/s. R.Siva for R3
No appearance for R1 & R2
________
http://www.judis.nic.in
C.R.P.No.1247 of 2021
O RD E R
This petition is filed seeking a direction to the learned XVth Assistant
City Civil Court, Chennai to dispose of O.S.No.4143 of 2020.
2. The learned counsel for the petitioner submitted that the suit in
O.S.No.4143/2020 was filed for the reliefs of (1) declaring the agreed order
dated 18.08.2020 passed by the Circuit Court of the XIIth Circuit Will County,
Illinois in Case No.2019D705 is valid and binding on the defendants.
3.The other two prayers are for directing the defendants 1 and 2 to
produce account details of Account Numbers 332602020045084,
332603730002137 and 100039971963, 100039971972 respectively including
the account statements for the eight financial years from the year 2013 onwards.
4. The learned counsel for the 3rd respondent opposed this petition on the
ground that in the final order passed by the Circuit Court of the XIIth Circuit
Will County, Illinois, on 20.07.2021, the order dated 18.08.2020 was vacated
and therefore, the first prayer does not survive. He further submitted that there
is no Presiding Officer as of now in Assistant City Civil Court and he has not
________
http://www.judis.nic.in
C.R.P.No.1247 of 2021
even filed written statement in this case.
5. Fixing up outer time limit will not be a right solution in this case.
Admittedly, the suit is filed only in the year 2020. There may be cases pending
for more than five years. Petitioner has not made out any specific reason for
early disposal of this case. However, it is seen from the judgment for dissolution
of marriage that dissolution of marriage was ordered as per the conditions
incorporated in the marital settlement agreement. Be that as it may, this petition
is filed with a limited prayer for disposal of O.S.No.4143 of 2020 within a time
to be specified.
6. Considering the rival submissions and also the fact that the suit is of
the recent origin filed only in the year 2020, this Court is not inclined to fix any
time frame. However, the learned Judge is directed to dispose the suit as
expeditiously as possible.
________
http://www.judis.nic.in
C.R.P.No.1247 of 2021
7. The Civil Revision Petition is disposed of with the above direction. No
costs.
31.08.2021
RR
To:
1.The XV Assistant City Civil Court,
Chennai
2.The Branch Manager,
Union Bank of India
139 Prakasam Road,
Manadi Police Colony
George Town,
Chennai.
3.The Branch Manager,
Indusind Bank, Anna Nagar Branch
Anna Nagar, Chennai 600 040
________
http://www.judis.nic.in
C.R.P.No.1247 of 2021
G.CHANDRASEKHARAN, J.,
RAP/RR
Order made in
C.R.P.No.1247 of 2021
31.08.2021
________
http://www.judis.nic.in
