Jbr Construction A Partnership ... vs Sri Ramajayam A Registered ...
2023 Latest Caselaw 3537 Mad

                                                                                 C.R.P. No.2628 of 2019 &
                                                                                  C.M.P. No.17382 of 2019



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 30.03.2023

                                           CORAM: JUSTICE N.SESHASAYEE

                                   C.R.P. No.2628 of 2019 & C.M.P. No.17382 of 2019

                1.JBR Construction A partnership firm
                  Rep by its Managing Partner
                  Baskaran, S/o.Jayaraman
                  155, Bazaar Street, Namagiripet
                  Namakkal

                2.J.Baskaran                                                      ... Petitioners

                                                           Vs.

                Sri Ramajayam A registered partnership firm
                Rep. by its Partner Saravanan
                Son of Inbaraj
                CSI Complex
                Shevapet, Salem                                                   ... Respondent


                PRAYER: Civil Revision Petition filed under Section 115 CPC, to set aside the
                fair and final order dated 26.09.2018 made in REP. No.131 of 2017 in STC
                No.1007 of 2015 on the file of Additional District Judge cum Motor Accident
                Claims Tribunal, Namakkal, Namakkal District.



                                   For Petitioner          :     Mr.Velmurugan

                                   For Respondents         :     Mr.A.M.Esakkiappan


               __________
https://www.mhc.tn.gov.in/judis
                Page 1 of 3
                                                                              C.R.P. No.2628 of 2019 &
                                                                               C.M.P. No.17382 of 2019



                                                   ORDER

This revision is preferred challenging an order of arrest of the judgment debtor

passed under Order XXI Rule 37 CPC. The revision petitioner has suffered a

decree for money and the decretal liability is around Rs.15.00 lakhs. He

submitted that he has already paid Rs.7.75 lakhs and for the balance amount, he

undertakes to pay the same in installments. In this regard, he has filed an

affidavit and the same is recorded.

2. In view of this undertaking, the civil revision petition is allowed and the

order of arrest passed against the revision petitioner/judgment debtor is

vacated. However, in case of default in complying with the undertaking herein

given by the revision petitioner/judgment debtor, the decree holder/respondent

is at liberty to take recourse to such remedies as are available to him in the

procedure. No costs. Consequently, the connected civil miscellaneous petition

is closed.

30.03.2023 Asr

To The Additional District Judge cum Motor Accident Claims Tribunal, Namakkal, Namakkal District.

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

C.R.P. No.2628 of 2019 & C.M.P. No.17382 of 2019

N.SESHASAYEE, J.,

Asr

C.R.P. No.2628 of 2019 & C.M.P. No.17382 of 2019

30.03.2023

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