Madras High Court
V.Kumar vs M/S.Shriram Chits Tn (P) Ltd on 6 February, 2023
C.R.P.No.241 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.241 of 2023
and
C.M.P.No.2011 of 2023
V.Kumar ... Petitioner
Vs.
1.M/s.Shriram Chits TN (P) Ltd.,
Rep. by its Foreman / Law Officer,
Mr.M.Sivaraja,
Branch : Annasalai,
No.4/289, 1st Floor,
Pycrofts Road, Thiruvallikeni,
Chennai – 600 005.
2.D.N.Janakinathan
3.J.Manivannan
4.A.Srinivasan ... 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.2743 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.241 of 2023
For Petitioner : Mr.D.Dhayalan
ORDER
The order and decreetal order dated 18.11.2022 passed in E.P.No.2743
of 2019 in A.R.C.No.26 of 2013 is under challenge in the present civil
revision petition.
2. The revision petitioner is the judgment debtor and he was a member
/ subscriber 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 petitioner was a
defaulter in payment of chit subscriptions. Arbitral award was passed by the
Arbitrator and the petitioner 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 petitioner has chosen to file the present civil
revision petition.
https://www.mhc.tn.gov.in/judis
C.R.P.No.241 of 2023
3. The learned counsel for the petitioner made a submission that the
petitioner had already paid over and above the chit amount received by him
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 petitioner. The revision petitioner has
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 petitioner has 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.241 of 2023
6. Accordingly, the order and decreetal order dated 18.11.2022 passed
in E.P.No.2743 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
(1/2)
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.241 of 2023
S.M.SUBRAMANIAM, J.
Jeni
C.R.P.No.241 of 2023
06.02.2023
(1/2)
https://www.mhc.tn.gov.in/judis
