Madras High Court
N.Chinnadurai vs Shriram Chits Pvt. Ltd on 25 June, 2021
C.R.P.No.3842 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.No.3842 of 2018
and C.M.P.No.21403 of 2018
1. N.Chinnadurai
2. S.Sridhar ... Petitioners
Vs.
Shriram Chits Pvt. Ltd.,
Adyar Branch,
Surando Building, 2nd Floor,
No.6, L.B.Road, Adyar,
Chennai - 20 ... Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India to set aside the fair and decreetal order dated
06.08.2018 made in E.A.No.573 of 2017 in E.P.No.1328 of 2016 in ARC
338 of 2010 by the learned X Assistant Judge, City Civil Court, Chennai,
dismissing the said petition filed by the petitioners herein praying for
issuance of summon to the JD No.1 in the above cause under Order VI Rule
7 R/w Section 151 CPC.
For Petitioners : Mr.G.Saravanan
For Respondent : Mr.T.Jayakumar
Page 1 of 6
C.R.P.No.3842 of 2018
ORDER
This Civil Revision Petition is directed as against order dated
06.08.2018 passed by the learned X Assistant Judge, City Civil Court,
Chennai, in E.A.No.573 of 2017 in E.P.No.1328 of 2016 in ARC.No.338 of
2010, thereby dismissing the petition for issuance of summons to the
judgment debtor-1.
2. The petitioners are the judgment debtors 2 & 4 in the execution
proceedings filed by the respondent herein arising out of ARC.No.338 of
2010. In the main execution petition, the petitioners filed their counter and
specifically averred that the agent of the respondent had informed the
judgment debtor-1 that the chit was taken after deducting the beat of
Rs.1,65,000/- and the balance amount of Rs.3,35,000/- will be paid.
However on 31.08.2009, he handed over a cheque for a sum of
Rs.1,77,525/- only to the judgment debtor-1 and the balance of
Rs.1,57,475/- was due to the judgment debtor-1. While being so, the
evidence of the judgment debtor-1 is very much necessary in the execution
proceedings.
C.R.P.No.3842 of 2018
3. Therefore, the petitioners filed petition in E.A.No.573 of 2017
to issue summons to the first judgment debtor to give evidence with regard
to the chit transaction in connection with ARC.No.338 of 2010. It was
dismissed for the reason that the letters sought for production before the
execution Court by the petitioners herein are prior to the arbitral award.
Therefore the points raised by the petitioners can be raised one before the
appellate authority and they cannot challenge the validity of the award
before the execution Court. Aggrieved by the same, the present Civil
Revision Petition has been filed.
4. It is seen that the petitioners never challenged the execution
proceedings. Only to prove the chit transaction by the judgment debtor-1,
they prayed to issue summon to the judgment debtor-1 to give evidence.
Considering the above facts and circumstances, the order passed by the trial
Court is perverse and liable to be set aside.
C.R.P.No.3842 of 2018
5. Accordingly, the order dated 06.08.2018 passed by the learned
X Assistant Judge, City Civil Court, Chennai, in E.A.No.573 of 2017 in
E.P.No.1328 of 2016 in ARC.No.338 of 2010 is hereby set aside. The trial
Court viz., the learned X Assistant Judge, City Civil Court, Chennai, is
directed to issue summons to the judgment debtor-1 on payment of
necessary bata.
6. With the above directions, this Civil Revision petition is
allowed. Consequently, connected miscellaneous petition is closed. There
shall be no order as to costs.
25.06.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
C.R.P.No.3842 of 2018
To
1. The X Assistant Judge,
City Civil Court,
Chennai.
2. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
C.R.P.No.3842 of 2018
G.K.ILANTHIRAIYAN, J.
rts
C.R.P.No.3842 of 2018
and C.M.P.No.21403 of 2018
25.06.2021
