Madras High Court
M/S.Nazar Bali Gloves Pvt.Ltd vs Leather & Leather Goods ... on 12 January, 2023
C.R.P.No.3781 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
C.R.P.No.3781 of 2016
M/s.Nazar Bali Gloves Pvt.Ltd.,
Rep.by its Managing Director
A.G.Nase Ahmed
Valaiyambattu
Vaniyambadi
Vellore District. .. Petitioner/Plaintiff/Petitioner
.Vs.
1.Leather & Leather Goods Democratic
Labour Union,
Rep.by its President
R.Sugunathan ... 1st Respondent/1st Defendant/1st Respondent
2.K.S.Satheesh
Leather & Leather Goods Democratic
Labour Union
Rep.by its Secretary
(Respondents 1 & 2 are at
No.1185/A, Kutchery Street
Vaniyambadi-635 751). ..2nd Respondent/Third Party/2nd Respondent
3.G.Babu ...3rdRespondent/4th Defendant/3rd Respondent
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C.R.P.No.3781 of 2016
4.P.Kumar
5.L.Mageswaran
6.L.Catherin Mary
7.A.Glory
8.G.Jayanthi
9.Sathya
10.J.Babu
11.W.Helen Elizabeth ..Respondents 4 to 11/ third parties/
Respondents 4 to 11
Civil Revision Petition filed under Section 115 of Constitution of India, to set
aside the fair order and decreetal order dated 12.09.2016 in E.P.No.17 of 2016 in
O.S.No.113 of 2009, on the file of Subordinate Judge's Court, Vaniyambadi, Vellore
District.
For Petitioner : Mr.B.Ravi
For Respondents : No Appearance
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C.R.P.No.3781 of 2016
ORDER
This Civil Revision Petition has been filed by the decree holder against the
dismissal of the execution petition filed in E.P.No.17/2016, by the Sub Court
Vaniyambadi, by fair and decreetal order dated 12.09.2016.
2.The petitioner had filed a suit restraining the respondents/judgment debtors
from in any way obstructing the ingress and egress to and from the factory premises
and for a further direction to the respondents to carry on with their demonstration
200 feet away from the company premises. This suit was decreed through judgment
and decree dated 12.04.2013.
3.Inspite of the above decree, the same was violated and demonstrations were
carried out within 200 meters from the company premises and there was an
obstruction for ingress and egress from and inside the factory premises. Hence, the
petitioner filed E.P.No.17/2016 under Order 21 Rule 32(2) CPC. The Court below
through fair and decreetal order dated 12.09.2016, dismissed the execution petition
mainly on the ground that there was only a sit-in demonstration on 15.12.2015 and
there was no other obstruction caused by the respondents and therefore, there is no
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C.R.P.No.3781 of 2016
willful disobedience of the decree passed by the Court below. Aggrieved by the
same, the present Civil Revision Petition has been filed before this Court.
4.Heard Mr.B.Ravi, learned counsel for the petitioner. The respondents have
been served and the names of the respondents have also been printed in the cause
list. However, there is no representation for the respondents either in person or
through counsel.
5.The learned counsel for the petitioner submitted that even during the
pendency of this civil revision petition, the respondents, in violation of the decree
passed by the Court below, carried on with demonstrations within 200 meters from
the company premises and they also caused obstruction for ingress and egress from
the company premises. Hence, EP.No.39/2017, was filed before the Court below
and the same is pending. The learned counsel submitted that the respondents are
continuously violating the decree passed by the Court below from time to time and
hence, requested this Court to direct the Court below to take the same into
consideration while dealing with the execution petition in EP.No.39/2017.
6.In the considered view of this Court the grievance of the petitioner, which
pertains to EP.No.17/2016, has worked out itself due to efflux of time. However, the
alleged subsequent violation of the decree passed by the Court below, has given rise
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C.R.P.No.3781 of 2016
to the filing of E.P.No.39/2017 and the same is pending before the Court below.
7.In view of the above, there shall be a direction to the Sub Court,
Vaniyambadi, to deal with EP.No.39/2017 by taking into consideration the past
conduct of the respondents and also the specific allegations that have been made in
the pending execution petition and pass appropriate orders in accordance with law.
In any event, final orders shall be passed in EP.No.39/2017, within a period of eight
weeks from the date of receipt of copy of this order.
8.This Civil Revision Petition is disposed of with the above directions. No
costs
12.01.2023
KP
Internet: Yes
Index:Yes/No
Speaking Order: Yes/No
To
Subordinate Judges Court
Subordinate Judge
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C.R.P.No.3781 of 2016
Vaniyambadi, Vellore District.
N.ANAND VENKATESH. J.,
kp
C.R.P.No.3781 of 2016
12.01.2023
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