Madras High Court
M/S.South Indian Shipping & ... vs The Government Of India on 7 July, 2021
W.A.No.2897 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.2897 of 2019
and C.M.P.No.18648 of 2019
M/s.South Indian Shipping & Export Co.,
Rep. by its Managing Partner,
Saleem Basha,
Taj Towers, No.22A, Second Line Beach,
Chennai - 600 001. .. Appellant
Vs
1.The Government of India
Rep. by its Under Secretary,
Ministry of Social Justice and Empowerment,
Room No.622, A-Wing,
Shastri Bhavan,
New Delhi - 110 001.
2.Tribal Co-operative Marketing Development
Federation of India Limited (TRIFED),
Rep. by its Managing Director,
NCUI Building Second Floor,
3, Siri Institutional Area,
Khel Gaon Marg, New Delhi - 110 016. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 08.08.2019 made in W.P.No.23762 of 2018.
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
W.A.No.2897 of 2019
For Appellant : Mr.Sathish Parasaran,Sr.Counsel
Mr.P.Arumugavel
For Respondents : Mr.R.Sankaranarayanan, ASGI
for Mr.Jayaganesan for R1
Mr.K.Lavan for R2
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal is directed against the order dated 08.08.2019
made in W.P.No.23762 of 2018.
2.After making the submissions on merit, learned Senior Counsel
appearing for the appellant submitted that liberty may be given to
agitate on the issue of set off in the execution petition. Learned Senior
Counsel submitted that in such case, the order passed by the learned
Single Judge and the order passed in A.No.4269 of 2012 may not
stand in the way.
3. Mr.R.Sankaranarayanan, learned Additional Solicitor General
appearing for the respondent submitted that in this appeal, there is no
merit and, therefore, the same deserves to be rejected.
https://www.mhc.tn.gov.in/judis/
W.A.No.2897 of 2019
4. Considering the submissions made, we are of the view that
inasmuch as the execution petition is pending and what the appellant
seeks is only a set off, the said issue will have to be determined at the
time of deciding the said application in A.No.3020 of 2012. The
observation made in A.No.4269 of 2012 being prima facie, the same
will not stand in the way of the court deciding on the said issue of set
off for a sum of Rs.7,11,000/-.
5. In such view of the matter, we only observe that the executing
Court is expected to decide the application on its own merit without
being influenced by order under challenge in this writ appeal and the
order passed in A.No.4269 of 2012 in A.No.3020 of 2012 in
E.P.No.2965 of 2008.
6. Taking into consideration the long pendency of the execution
petition, we request the learned Single Judge dealing with the
aforesaid case to make an endeavour to dispose of the same within a
period of three months.
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W.A.No.2897 of 2019
7. With the above observation, the writ appeal stands disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
07.07.2021
Index:Yes/No
mmi/ssm
To
1.The Under Secretary,
Government of India
Ministry of Social Justice and Empowerment,
Room No.622, A-Wing,
Shastri Bhavan,
New Delhi - 110 001.
2.Tribal Co-operative Marketing Development
Federation of India Limited (TRIFED),
Rep. by its Managing Director,
NCUI Building Second Floor,
3, Siri Institutional Area,
Khel Gaon Marg, New Delhi - 110 016.
https://www.mhc.tn.gov.in/judis/
W.A.No.2897 of 2019
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.2897 of 2019
07.07.2021
https://www.mhc.tn.gov.in/judis/
