Narendar Shah vs D.Venkatesh Kumar
2021 Latest Caselaw 22287 Mad

                                                                                C.R.P(PD)No.2415 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 12.11.2021
                                                        CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 C.R.P(PD)No. 2415 of 2021

                     Narendar Shah                                                        ..Petitioner

                                                            Vs.

                     1.D.Venkatesh Kumar

                     2.D.Vinayagam                                                     ..Respondents

                     Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
                     India, seeking an order for early disposal of E.P.No.120 of 2019 on the file
                     of the Hon'ble II-Additional District and Sessions Judge at Poonamallee.


                                           For Petitioner         : Mr.Ralph V.Manohar


                                                        ORDER

The petitioner seeks early disposal of E.P.No.120 of 2019 on the

file of the II-Additional District and Sessions judge, Poonamallee filed by

him seeking execution of the award in Arbitration Case No.10 of 2018.

https://www.mhc.tn.gov.in/judis C.R.P(PD)No.2415 of 2021

2.The award passed in Arbitration Case No.10 of 2018 is an award

based on a compromise memo wherein, the judgment debtors have agreed to

pay the decree amount in instalments within a specified time. Since the

promise was not honoured, the decree holder has filed the above execution

petition.

3.Heard Mr.Ralph V.Manohar, learned counsel for the petitioner.

Considering the prayer in the civil revision petition, the notice to the

respondents is deemed unncessary.

4.It is seen from the records that the execution petition has been

pending from 2019 without any progress. Though the respondents have

been making statements before the Court that they will pay the decree

amount, it remains only an empty promise. The learned District Judge has

adjourned the proceedings time and again and the prevailing pandemic has

also assisted the respondents in keeping the execution at bay.

https://www.mhc.tn.gov.in/judis C.R.P(PD)No.2415 of 2021

5.In view of the above, this civil revision petition is allowed with

a direction to the II-Additional District and Sessions Judge, Poonamallee to

dispose of the execution petition in E.P.No.120 of 2019 within a period of

four months from the date of receipt of a copy of this order. No costs.

12.11.2021

kkn

Index:No Internet:Yes Speaking

To:-

The II-Additional District and Sessions Judge, Poonamallee.

https://www.mhc.tn.gov.in/judis C.R.P(PD)No.2415 of 2021

R.SUBRAMANIAN, J.

KKN

C.R.P(PD)No. 2415 of 2021

12.11.2021

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