Madras High Court
Venkatesh Coke And Power Ltd vs M/S.Otto India Private Ltd on 18 April, 2022
C.R.P(NPD)No.1160 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :18.04.2022
CORAM:
Mr. JUSTICE N.SESHASAYEE
C.R.P(NPD)No.1160 of 2022
1.Venkatesh Coke and Power Ltd,
No.6926 A/D1
Chandrawal Road,
New Delhi – 110 007.
2.Ravi Agarwal, ...Petitioners
Vs
M/s.Otto India Private Ltd.,
No.32 Ezra Street, 7th Floor, Kolkatta - 700 001.
By Transferee of the Decree M/s. Papathi Reals,
No.139, T.H. Road Chennai - 600 019, represented herein
By its Partner Shri. A.Narayanan ...Respondent
PRAYER: The Civil Revision Petition is filed under Article 227 of
Constitution of India, to allow to allow this Revision Petition by setting aside
the docket order dated 06.10.2021 in E.A.No.7 of 2021 in E.P.No.128 of 2017
Page 1 of 6
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C.R.P(NPD)No.1160 of 2022
in Calcutta High Court C.S.No.196 of 2005 on the file of the Learned
Additional District Judge No.1 at Thiruvallur thereby directing the Learned
Additional District Judge No.1 at Thiruvallur to communicate the order dated
18.11.2020 cancelling attachment in respect of the E.P. Schedule mentioned
properties to the Sub-Registrar's office at Thiruvottriyur.
For Petitioners : Mr.Ravikumar Paul,
Senior Counsel
for Mr.M.V.Seshachari
ORDER
A money decree passed by the Calcutta High Court in C.S.No.196 of 2005
was transmitted and the Decree Holder filed E.P.No.12 of 2008 before the
learned Principal District Court, Tiruvallur, which now is stated to have been
transferred to the First Additional District Court, Thiruvallur and taken on
record as E.P.No.128 of 2017. The Execution Petition is laid for attachment
and sale of properties of the Revision Petitioner/Judgment Debtor and
attachment of properties too came to be passed and the same has been
notified to the concerned Sub Registry.
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C.R.P(NPD)No.1160 of 2022
2.Thereafter, the revision petitioner/Judgment Debtor approached the
Execution Court and took out E.A.No.48 of 2017, wherein it had contended
that the said order of attachment was made without notice to the Official
Liquidator of the Judgment Debtor Company. This came to be allowed.
Thereafter, the Judgment Debtor had taken out E.A.No.7 of 2021 for
notifying the order cancelling attachment to the Sub Registry concerned. In
the meantime, the decree holder has taken out E.A.No.6 of 2021 for review of
the order passed by the Execution Court in E.A.No.48 of 2017. This is
pending.
3.The Execution Court has ordered that till the review petition filed by the
decree holder in E.A.No.6 of 2017 is decided, it cannot pass any order in
E.A.No.7 of 2021. The grievance of the revision petitioner/judgment debtor is
that the Execution Court while holding that E.A.No.7 of 2021 could not be
decided before the disposal of E.A.No.6 of 2021 filed by the decree holder
for review, it also does not dispose of E.A.No.6 of 2021.
4.Inasmuch as the trial Court has not passed any positive order disposing
E.A.No.7 of 2021, it is only sufficient that this Court directs the Execution
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C.R.P(NPD)No.1160 of 2022
Court to tag E.A.No.7 of 2021 along with E.A.No.6 of 2021 and give them a
quietus within a period of one(1) month from the date of communication of
this order and at any rate, not latter than 15.07.2022.
5.With the above direction, this Civil Revision Petition is disposed of. No
costs.
18.04.2022
Index : Yes/No
Tsg/dk
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C.R.P(NPD)No.1160 of 2022
To
1. The Additional District Court No-I,
Thiruvallur.
2.The Calcutta High Court.
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C.R.P(NPD)No.1160 of 2022
N.SESHASAYEE, J.,
Tsg/dk
C.R.P(NPD)No.1160 of 2022
18.04.2022
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