Madras High Court
M/S.Shanmugam Store Unit vs M/S.Bagawandas & Co on 14 July, 2021
C.R.P.(N.P.D).No.2625 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD) No.2625 of 2018
and
CMP Nos.15728 of 2018 and 11554 of 2019
M/s.Shanmugam Store Unit,
C/o.R.A.Samy Trading Pvt. Ltd.,
rep by R.A.Samy, Director,
No.21, Ranganathan Street,
T.Nagar, Chennai – 600 017. .... Petitioner
Vs
M/s.Bagawandas & Co
Rep by Murarilal Sonthalia
Managing Partner,
S/o.Late Shyamlal Sonthalia,
Old.No.665, New No.46,
Sembudoss Street,
Chennai – 600 001. .... Respondent
Prayer :- Civil Revision Petition is filed under Section 115 of Code of Civil
Procedure, to set aside the fair and decreetal order dated 11.07.2018 made
in E.P.No.1880 of 2017 in O.S.No.2316 of 2013 on the file of the
X Assistant Judge, City Civil Court, Chennai.
For Petitioner : Mr.Silambanan, Senior Counsel
for Mr.A.Paramasivam
For Respondent : Mr.C.Parthiban
ORDER
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.2625 of 2018
This Civil Revision Petition is filed against the fair and decreetal
order dated 11.07.2018 made in E.P.No.1880 of 2017 in O.S.No.2316 of
2013 on the file of the X Assistant Judge, City Civil Court, Chennai, thereby
ordered to attach the movable properties of the Judgment Debtor.
2. The petitioner is the Judgment Debtor and the respondent is
the Decree Holder. The respondent filed a suit in O.S.No.2316 of 2013 for
recovery of money and the principal amount of Rs.6,30,488/- together with
interest at the rate of 24% per annum. The suit was duly contested and
decreed in favour of the respondent herein.
3. On the strength of the decree, the respondent filed an
Execution Petition in E.P.No.1880 of 2017 and the same was ordered to
attach the movable properties of the Judgment Debtor. Hence, the learned
Senior counsel submitted that while admitting the present Civil Revision
Petition, this Court granted stay on condition that the petitioner shall deposit
a sum of Rs.1,00,000/- and accordingly, the petitioner complied with the
condition. The interest awarded by the Court below at the rate of 24% of
interest per annum is very high and is liable to be reduced. He further
submitted that part of the amounts were already paid and the same was not
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.2625 of 2018
deducted while granting the decree.
4. Admittedly, the petitioner did not prefer an appeal suit as
against the Judgment and Decree dated 24.07.2015. In the Execution
Petition, they filed a counter stating that sufficient opportunity was not
given to the petitioner to contest the suit. Even then, the petitioner did not
prefer any appeal suit and as such, the Execution Court held that in the
interest portion whatever the submission made is beyond the decree. Hence,
this Court finds no infirmity or illegality in the order passed by the Court
below.
5. Accordingly, this Civil Revision Petition is dimissed.
Consequently, connected Miscellaneous Petitions are closed. No costs.
14.07.2021
Lpp
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
G.K.ILANTHIRAIYAN,J.
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.2625 of 2018
Lpp
To
The X Assistant Judge,
City Civil Court, Chennai.
C.R.P.(NPD) No.2625 of 2018
and
CMP Nos.15728 of 2018 and 11554 of 2019
14.07.2021
https://www.mhc.tn.gov.in/judis/
