P.Saravanan vs Shriram Chits Tamil Nadu Pvt Ltd
2021 Latest Caselaw 11718 Mad

                                                                            CRP.NPD.No.2185 of 2018


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 15.06.2021

                                                         CORAM

                                   THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                              CRP.NPD.No.2185 of 2018
                                              and CMP.No.13764 of 2018

                    P.Saravanan                                                   ..Petitioner

                                                          Vs.

                    1.Shriram Chits Tamil Nadu Pvt Ltd.,
                      Tej Tower, 2nd Main Bazar Road,
                      Collector Nagar, Mugapair East,
                      Chennai-50
                    2.S.Vasuki
                    3.M.Sankarasubbu
                    4.Sukumar
                    5.C.K.Kameswaran                                       ..Respondents

                    PRAYER:

                              The Civil Revision Petition is filed under Section 115 of CPC

                    against the order and docket order dated 29.06.2018 in EA.No.2806 of

                    2017 in EP.No.2255 of 2016 passed by the learned IX Assistant City

                    Civil Court at Chennai.



                                        For Petitioner      : Mr.R.Chandrasudan

                                        For Respondents
                                              For R1        : Mr.W.M.Abdul Majeed

                                              For R2 to 5 : given up


                    1/4

https://www.mhc.tn.gov.in/judis/
                                                                                CRP.NPD.No.2185 of 2018




                                                       ORDER

This Civil Revision Petition is filed against the order and

docket order dated 29.06.2018 in EA.No.2806 of 2017 in EP.No.2255

of 2016 passed by the learned IX Assistant City Civil Court at Chennai,

thereby allowing the condone delay petition on condition that the

petitioner shall pay 1/10 of the decree amount.

2. The petitioner is one of the judgment debtor in the

proceedings in ARC.No.7 of 2013 before the Arbitrator. On the

strength of the decree, the first respondent filed execution petition.

Before the execution court, the petitioner was set exparte and as such

the petitioner filed petition to set aside the exparte order with the

delay of 231 days in filing the petition to set aside the exparte order.

The execution court allowed the petition to condone the delay on

condition that the petitioner is directed to pay 1/10 of the EP claim

amount Rs.12,11,289/- to the first respondent herein directly.

Aggrieved by the same, the present civil revision petition has been

preferred.

3. The only contention raised in the civil revision petition is

that while allowing the condone delay petition, the court below

https://www.mhc.tn.gov.in/judis/ CRP.NPD.No.2185 of 2018

imposed onerous condition. Since the petitioner is not a borrower and

he stood as guarantor, the court below directed the petitioner to pay

only 1/10 amount and as such this Court felt it is very reasonable

order and imposed reasonable condition. Therefore, this Court finds no

infirmity or illegality in the order passed by the court below.

4. Accordingly, this civil revision petition is dismissed.

Consequently, connected miscellaneous petition is closed. No order as

to costs.

                                                                                            15.06.2021
                    Speaking/Non-speaking order
                    Index    : Yes/No
                    Internet : Yes/No
                    lok

https://www.mhc.tn.gov.in/judis/ CRP.NPD.No.2185 of 2018

G.K.ILANTHIRAIYAN,J.

lok

To

The IX Assistant, City Civil Court at Chennai.

CRP.NPD.No.2185 of 2018

15.06.2021

https://www.mhc.tn.gov.in/judis/