Kannan ... Revision vs State Bank Of India
2022 Latest Caselaw 12087 Mad

                                                                              CRP(PD)(MD)No.1347 of 2022

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 06.07.2022

                                                           CORAM:

                                    THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                               CRP(NPD)(MD)No.1347 of 2022
                                                          and
                                                C.M.P(MD).No.5590 of 2022

                     Kannan                                                 ... Revision Petitioner

                                                             versus

                     State Bank of India
                     Thuraiyur Branch
                     through Principal Manager                                    ... Respondent

                                  Civil Revision Petition filed under Section 115 of Civil Procedure
                     Code, to set aside the order dated 11.01.2022 passed by the learned Sub-
                     ordinate Judge, Thuraiyur in E.P.No.36 of 2020 in O.S.No.302 of 2016.




                                        For Petitioner         : Mr.S.Kanagarajan

                                        For Respondent         : Mr.T.Govindasamy




                     1/6



https://www.mhc.tn.gov.in/judis
                                                                                 CRP(PD)(MD)No.1347 of 2022

                                                             ORDER

This Civil Revision Petition has been filed as against the order dated

11.01.2022 passed by the learned Subordinate Judge, Thuraiyur in E.P.No.

2. The petitioner herein is the judgment debtor. The said E.P.No.36 of

2020 was filed by the decree holder after the judgment passed in O.S.No.

302 of 2016 by the learned Subordinate Judge, Thuraiyur.

3. The learned counsel appearing for the petitioner submits that the

respondent has failed to prove the means of the petitioner by adducing

sufficient and documentary evidence. After borrowing the loan from the

decree-holder, the petitioner has paid a sum of Rs.20,000/-. However, the

same has not been properly accounted by the decree-holder. The petitioner

is a junior most advocate and the survival of the petitioner is questionable

one. As per Order 21 Rule 40(2) C.P.C, the Execution Court did not afford

any opportunity to the petitioner to furnish security. Hence, the order passed

by the learned Sub-ordinate Judge, Thuraiyur in E.P.No.36 of 2020 in

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.1347 of 2022

O.S.No.302 of 2016 dated 11.01.2022, is liable to be set aside.

4. The learned counsel appearing for the respondent submits that the

petitioner has borrowed a sum of Rs.3,72,644/- from the respondent for

purchase of Mix Well Construction Equipment in the year 2013, however,

he has failed to make the said payment. Even before the trial Court, the

petitioner has given an assurance that he would pay a sum of Rs.3,00,000/-

within a stipulated time. Based on his assurance, the matter was referred to

Lok Adalat and the respondent has also waived a sum of Rs.80,000/- from

the interest amount. Even thereafter, the petitioner has not paid the amount

so far. Therefore, the respondent was constrained to file the Execution

Petition before the trial Court. After considering the conduct of the

petitioner, the trial Court has allowed the Execution Petition filed by the

respondent.

5. This Court considered the rival submissions made on behalf of

both parties and perused the materials available on record.

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.1347 of 2022

6. It is seen from the records that the petitioner has availed loan from

the respondent Bank for a sum of Rs.3,72,644/- for purchase of Mix Well

Construction Equipments, however, he did not remit the same. Therefore,

the respondent has filed a suit in O.S.No.302 of 2016 before the

Subordinate Court, Thuraiyur against the petitioner. Thereafter, based on

the request of the petitioner, the matter was referred to the Lok Adalat. On

14.07.2018, the petitioner has appeared before the Lok Adalat and gave an

assurance that he would pay a sum of Rs.1,50,000/- on or before 20.09.2018

and a further sum of Rs.1,48,000/- on or before 20.11.2018. In fact, the

respondent has waived a sum of Rs.80,000/- from the interest amount,

however, the petitioner has not paid any amount so far. Hence, this Court is

not inclined to interfere with the order dated 11.01.2022 passed by the

learned Subordinate Judge, Thuraiyur in E.P.No.36 of 2020 in O.S.No.302

of 2016.

7. Accordingly, the Civil Revision Petition is dismissed. No costs.

Connected miscellaneous petition is closed.

06.07.2022 ssb

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.1347 of 2022

Index : Yes / No Internet: Yes / No

To

Sub-ordinate Court, Thuraiyur.

https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.1347 of 2022

B.PUGALENDHI, J.

ssb

CRP(PD)(MD)No.1347 of 2022

06.07.2022

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