Madras High Court
D.N.Janakinathan vs M/S.Shriram Chits Tamil Nadu (P) ... on 6 February, 2023
2023/MHC/525
C.R.P.No.243 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.243 of 2023
and
C.M.P.No.2018 of 2023
1.D.N.Janakinathan
2.J.Manivannan ... Petitioners
Vs.
1.M/s.Shriram Chits Tamil Nadu (P) Ltd.,
Rep. by its Foreman / Law Officer,
Mr.M.Sivaraja,
Branch : Anna Salai,
No.4/289, 1st Floor, Pycrofts Road,
Thiruvallikeni,
Chennai – 600 005.
2.A.Srinivasan
3.V.Kumar ... Respondents
Prayer: Civil Revision Petition is filed under Section 115 of the Civil
Procedure Code, to set aside the order and decreetal order of the Learned
XXVI Assistant City Civil Court at Chennai, dated 18.11.2022 in
E.P.No.2745 of 2019 in A.R.C.No.26 of 2013 with cost.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
C.R.P.No.243 of 2023
For Petitioners : Mr.D.Dhayalan
ORDER
The order and decreetal order dated 18.11.2022 passed in E.P.No.2745
of 2019 in A.R.C.No.26 of 2013 is under challenge in the present civil
revision petition.
2. The revision petitioners are the judgment debtor and they were
members / subscribers of M/s.Shriram Chits Tamil Nadu Private Limited / 1st
respondent. The 1st respondent / chit fund company initiated Arbitrary
proceedings in A.R.C.No.26 of 2013, since the revision petitioners were
defaulters in payment of chit subscriptions. Arbitral award was passed by the
Arbitrator and the petitioners remained exparte. Based on the award the 1st
respondent filed E.P.No.2743 of 2019 for execution of decree, the E.P was
allowed and an order of attachment was issued. Challenging the said order
passed in E.P. proceedings the petitioners have chosen to file the present civil
revision petition.
https://www.mhc.tn.gov.in/judis
C.R.P.No.243 of 2023
3. The learned counsel for the petitioners made a submission that the
petitioners had already paid over and above the chit amount received by them
and therefore, the 1st respondent had unreasonably charged the chit amount
and thus, the Execution Proceedings are to be set aside.
4. Grounds raised in the Arbitrary proceedings are grounds for an
appeal, which cannot be considered as ground for dealing with the execution
proceedings. Scope of execution proceedings cannot be expanded for the
purpose of adjudication of merits and issues involved in the original case.
5. In the present case, Arbitrary proceedings were conducted and an
award was passed against the revision petitioners. The revision petitioners
have not chosen to prefer an appeal against the arbitrary award and therefore,
the grounds raised on merits deserves no further consideration from the
hands of this Court. Therefore, the petitioners have not made out any grounds
for the purpose of interfering with the order passed in the Execution
proceedings.
https://www.mhc.tn.gov.in/judis
C.R.P.No.243 of 2023
6. Accordingly, the order and decreetal order dated 18.11.2022 passed
in E.P.No.2745 of 2019 in A.R.C.No.26 of 2013 stands confirmed and
consequently, the Civil Revision Petition is dismissed. No costs. Connected
Miscellaneous Petition is closed.
06.02.2023
(2/2)
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
To
The Judge,
XXVI Assistant City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.R.P.No.243 of 2023
S.M.SUBRAMANIAM, J.
Jeni
C.R.P.No.243 of 2023
06.02.2023
(2/2)
https://www.mhc.tn.gov.in/judis
