Madras High Court
Hayathunnissha vs M/S.Sree Gokulam Chit And Finance Co (P) ... on 19 October, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P.No.4201 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.4201 of 2024
and C.M.P.No.23290 of 2024
1. Hayathunnissha
2. S.Syed Khader ... Petitioners
Vs
M/s.Sree Gokulam Chit and Finance Co (P) Ltd.,
Rep. by its Authorized Agent and Legal Assistant,
M.Jeelani Basha,
No.49, Arcot Road, Kodambakkam,
Chennai – 600 024. ... Respondent
PRAYER : Civil Revision Petition filed under Article 227 of Constitution of
India, pleased to set aside the docket order passed by the X Assistant City Civil
Court, Chennai dated 06.09.2024 in E.P.No.2746 of 2012 in ARC.No.909 of 2010.
For Petitioners : Mr.Y.Kaja Navas
For Respondent : Ms.D.Brindha
for Ms.J.Esther Beula
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C.R.P.No.4201 of 2024
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C.R.P.No.4201 of 2024
ORDER
This Civil Revision Petition has been filed as against the docket order
passed by the learned X Assistant Judge, City Civil Court, Chennai dated
06.09.2024 in E.P.No.2746 of 2012 in ARC.No.909 of 2010 imposing condition
of further payment not less than Rs.1,00,000/- by 04.10.2024.
2. Learned counsel for the petitioners submitted that the petitioners are the
judgment debtors pursuant to the ex parte arbitral Award obtained by the
respondent/decree holder, who is a chit company. The arbitral decreetal amount
was for a sum of Rs.5,58,180/- and the respondent has filed the E.P.No.2746 of
2012 in ARC.No.909 of 2010 seeking for a sum of Rs.7,66,887/- with interest. He
further submitted that the petitioners have so far paid a sum of Rs.2,78,000/- and
they have been continuing to pay a sum of Rs.10,000/- per month regularly,
whereas, the Executing Court by an impugned order dated 06.09.2024 referring to
the directions of the Hon'ble Apex Court in E.P. matters has directed the
petitioners to pay the further payment not less than Rs.1,00,000/- by 04.10.2024.
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3. He further submitted that though in the case of Rahul S.Shah vs Jinendra
Kumar Gandhi and others reported in (2021) 6 SCC 418, the Hon'ble Apex Court
has held that the entire Execution Petition proceedings should be completed within
a period of 6 months from the date of filing, the time may be extended by
recording reasons in writing for such delay. He also submitted that the petitioners,
who are senior citizens, solely depend on their only daughter, who is married and
living with her husband and it is not the intent of the petitioners to evade payment
and they undertake that the balance amount will be paid in monthly installments @
Rs.20,000/- per month.
4. Learned counsel for the respondent/chit company submitted that
settlement talks are also going on between the parties and dehors the same, the
respondent is ready to accept the undertaking that the petitioners will duly pay a
sum of Rs.20,000/- per month.
5. Recording the submissions of the learned counsel on both sides, the order
passed by the learned X Assistant Judge, City Civil Court, Chennai dated
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06.09.2024 in E.P.No.2746 of 2012 in ARC.No.909 of 2010 directing further
payment not less than Rs.1,00,000/- by 04.10.2024 is hereby set aside.
6. Accordingly, the Civil Revision Petition stands allowed on condition that
the petitioners continue to pay Rs.20,000/- to the credit of E.P.No.2746 of 2012 in
ARC.No.909 of 2010 without fail. In the meanwhile, the parties are at liberty to
mediate and settle the matter. Consequently, connected miscellaneous petition is
closed. No costs.
19.10.2024
ham
Index : Yes / No
Neutral Citation : Yes / No
To
The X Assistant City Civil Court, Chennai.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA, J.
ham
19.10.2024
https://www.mhc.tn.gov.in/judis
