Madras High Court
N.Govindaraj vs India Cements Capital Limited on 8 August, 2023
C.R.P.(NPD)No.1405 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.(NPD)No.1405 of 2019
and C.M.P.No.9235 of 2019
N.Govindaraj .. Petitioner
Vs.
India Cements Capital Limited
Represented by its Executive Mr.K.Saravanakumar
No.38, Sterling Road
Chennai-600 034
Having its Branch Office
at No.135, 1st floor
D.B.Road, R.S.Puram
Coimbatore – 641 002. .. Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India against the docket order dated 19.02.2019 made in
E.A.No.127 of 2018 in E.P.No.26 of 2016 in A.C.P.No.10 of 2003 on the
file of the V Additional District Court, Coimbatore.
1/5
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.1405 of 2019
For Petitioner : Mr. Ramesh Venkatachalapathy
For Respondent : Mr. S.Patrick
ORDER
The revision has been filed against an order dated 19.02.2019
passed in E.A.No.127 of 2018 in E.P.No.26 of 2016 on the file of the V
Additional District Court, Coimbatore.
2. Heard the learned counsel for the petitioner and the learned
counsel for the respondent. I have carefully gone through the records.
3. An award was passed in A.C.P.No.10 of 2003 on 21.02.2005. On
the strength of the award, an execution petition was filed for arrest of the
civil revision petitioner, in case, he does not pay a sum of Rs.25,34,989/-.
The petitioner was called absent and set exparte on 19.08.2015. After a
detailed enquiry, the Executing Court ordered arrest on 10.07.2018. Only
thereafter, an application in E.A.No.127 of 2018 had been filed by the
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.1405 of 2019
judgment debtor for the purpose of setting aside the exparte order dated
19.08.2015.
4. The reason for non appearance is, the petitioner would state that
he was not put on notice on the proceedings. The Executing Court had
dismissed the application recording that right from the time of the
institution of the execution proceedings, both the judgment debtors were
aware of the same and the new stand taken by the second judgment
debtor that he is not aware of the execution proceedings is false.
Absolutely, no sufficient cause has been made out and I am not satisfied
with the reasons for the purpose of condoning the huge delay of 1092
days in filing an application to set aside the exparte decree. The
respondent/decree holder has been made to run from pillar to post by the
judgment debtors.
5. On the request of Mr.Ramesh Venkatachalapathy, I issued notice
to the decree holder, India Cements Capital Limited, to find out if any
payment has been made pending the execution proceedings.
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C.R.P.(NPD)No.1405 of 2019
6. Mr.S.Partrik, learned counsel for the decree holder/respondent
would submit that till date, no payment has been made.
7. Since no payment has been made by the judgment debtors and
the decree is more than 18 years old, I am not inclined to interfere with
the order of the trial Court dated 19.02.2019 made in E.A.No.127 of
2018 in E.P.No.26 of 2016 in A.C.P.No.10 of 2003. Accordingly, the
Civil Revision Petition is dismissed. No costs. Consequently, connected
Miscellaneous Petition is closed.
08.08.2023
Index:Yes/No
Speaking Order :Yes/No
Neutral Citation:Yes/No
kj
To
V Additional District Judge, Coimbatore.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.1405 of 2019
V.LAKSHMINARAYANAN,J.
Kj
C.R.P.(NPD)No.1405 of 2019
and C.M.P.No.9235 of 2019
08.08.2023
https://www.mhc.tn.gov.in/judis
