M/S.Bharat Heavy Electricals ... vs M/S.Commercial Road Carriers
2021 Latest Caselaw 11985 Mad

                                                                               C.R.P.(N.P.D).No.1136 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 18.06.2021

                                                         CORAM

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

                                               C.R.P.(NPD) No. 1136 of 2018

                     M/s.Bharat Heavy Electricals Limited,
                     Rep by its AGM (P & MS)
                     Boiler Auxiliaries Plant,
                     Ranipet – 632 406                                   ...          Petitioner

                                                           Vs

                     1.M/s.Commercial Road Carriers,
                     Proprietor R.Murugesan
                     Mettu Dam – 636 452.

                     2.The Manager,
                     Indian Banj,
                     Mettur Dam Branch,
                     Salem District – 636 401                            ...          Respondents



                     Prayer :- Civil Revision Petition is filed under Section 115 of CPC to
                     direct the Principal District Judge at Salem to number E.P. (Unfiled) CFR
                     No.10018 of 2017 and dispose the same.


                                   For Petitioner      : Mr.Srinath Sridevan


                     1/4
https://www.mhc.tn.gov.in/judis/
                                                                                C.R.P.(N.P.D).No.1136 of 2018

                                                            ORDER

This Civil Revision Petition has been filed to direct the Principal

District Judge, Salem to number E.P. (Unfiled) CFR No.10018 of 2017 and

dispose the same.

2. The Civil Revision Petition was posted for admission on

22.03.2018, at the request of the learned counsel for the petitioner, it was

adjourned. Today, when the matter is listed under the caption for "adjourned

admission", the learned counsel for the petitioner sought for adjournment.

3. In view of the above, it clearly shows that the learned counsel

for the petitioner has no interest in proceeding with the case further.

Further, the Civil Revision Petition is pending for the past three years,

without even admitting the same or ordering notice. Therefore, this Court is

not inclined to entertain this petition. Accordingly, the Civil Revision

Petition is dismissed. However, the petitioner is at liberty to re-present the

Execution Petition before the Court below, in the light of the Judgment

reported in 2014 (11) SCC 619 in the case of Executive Engineer, Road

https://www.mhc.tn.gov.in/judis/ C.R.P.(N.P.D).No.1136 of 2018

Development Division No.III, Panvel and Ors Vs. Atlanta. No costs.

Consequently connected miscellaneous petition is closed.

18.06.2021

lpp Index:Yes/No Internet:Yes/No Speaking Order: Yes/No

To The Principal District Judge, Salem

https://www.mhc.tn.gov.in/judis/ C.R.P.(N.P.D).No.1136 of 2018

G.K.ILANTHIRAIYAN.J,

lpp

C.R.P.(NPD) No.1136 of 2018

18.06.2021

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