M/S.Shriram City Union Finance Ltd vs P.G.Sampathraj
2023 Latest Caselaw 15020 Mad

Madras High Court

M/S.Shriram City Union Finance Ltd vs P.G.Sampathraj on 27 November, 2023

Author: T.V.Thamilselvi

Bench: T.V. Thamilselvi

                                                                                     CRP No. 4089 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED :27.11.2023

                                                          CORAM :

                                   THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI

                                           Civil Revision Petition No.4089 of 2023


                   M/s.Shriram City Union Finance Ltd.,
                   represented by its Power Agent
                   Mr.B.Senthilnathan                                           ... Petitioner

                                                           Versus
                   1.P.G.Sampathraj
                   2.S.Kavitha                                                 ... Respondents

                          Civil Revision Petition filed Under Article 227 of Constitution of
                   India, praying to set aside the order dated 02.06.2023 passed in E.P.No.62 of
                   2021 on the file of the I Additional District and Sessions Court, Tiruppur.


                                     For Petitioner     : Mr.A.Swaminathan

                                                         ORDER

The petitioner has filed this petition to set aside the order dated

02.06.2023 passed in E.P.No.62 of 2021 on the file of the I Additional

District and SessionsCourt, Tiruppur.

2. Before the Executing Court, the Judgment Debtor has filed a memo

on 24.09.2023, stating that the matter is settled for a sum of Rs.10,96,160/- https://www.mhc.tn.gov.in/judis

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before the Lok Adalat, but no settlement was arrived at as per the decree

holder. Based on the said memo, E.P. was closed as settled and thereafter, the

decree holder prayed to reopen the said execution proceedings, and before

Executing Court, a fresh E.P. is to be filed for no mistake committed on his

side.

3. The learned counsel for the petitioner submitted that the matter was

referred to Lok Adalat, but not settled and thereafter, the matter was referred

to regular Court. The Judgement Debtor filed a memo before the Lok Adalat,

and based on the said memo it was recored as settled.

4. On a perusal of the memo filed at Pg.16 of the typed set of papers, it

clearly shows that the Decree Holder has not signed in the said memo and no

notice was issued to the Decree Holder. The Judgment debtor himself filed a

memo, and based on that, the executing Court, without applying its mind,

closed the EP as such and it is totally erroneous and liable to be set aside.

5. Hence, the learned trial Judge is directed to re-open and post the EP

proceedings for enquiry within a period of two weeks from the date of receipt

of a copy of this order and the trial Court is also directed to dispose of the https://www.mhc.tn.gov.in/judis

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case within a period of two months from the date of receipt of a copy of this

order.

6. In view of the above, this Civil Revision petition is disposed of.

There shall be no order as to costs.

27.11.2023 Index : Yes/No Speaking/Non Speaking order Neutral Citation:Yes/No

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To

1. The I Additional District and Sessions Judge, Tiruppur.

2.The Section Officer, VR-Section, High Court of Madras.

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

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T.V.THAMILSELVI, J.

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Civil Revision Petition No.4089 of 2023

27.11.2023

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

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