Madras High Court
M/S Rajalakshmi Educational Trust vs M/S Mech Struc Engineers on 9 September, 2024
C.R.P.Nos.2226 and 2228 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2024
CORAM
THE HONOURABLE THIRU JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.Nos.2226 and 2228 of 2023
and CMP Nos.13504, 13508, 13534 and 13535 of 2023
M/s Rajalakshmi Educational Trust,
Represented by its Managing Trustee,
Mrs.Thangam Meganathan
No.K-67, Anna Nagar (East),
Chennai-600 102 .... Petitioner in both the revisions
vs
M/s Mech Struc Engineers,
Represented by its Managing Partner
P.Kasturi,
No.33, Thiruvengadam Street,
Ramakrishna Nagar,
Chennai-600 028. ..... Respondent in both the revisions
Civil Revision Petition filed under Section 115 of Civil Procedure Code to
direct IX Assistant City Civil Court, Chennai to number EA SR Nos.76940 and
76939 of 2022 in EP Nos.4101 and 4099 of 2019 in O.S.Nos.10188 and 10029 of
2010.
For Petitioner : Mr.P.Neethi Kumar
For Respondent : Mr.A.V.Arun
1/10
https://www.mhc.tn.gov.in/judis
C.R.P.Nos.2226 and 2228 of 2023
COMMON ORDER
These Civil Revision Petitions have been filed to direct IX Assistant City
Civil Court, Chennai to number EA SR Nos.76940 and 76939 of 2022 in EP
Nos.4101 and 4099 of 2019 in O.S.Nos.10188 and 10029 of 2010.
2. The revision petitioner herein is the Judgment Debtor in EP Nos.4099
and 4101 of 2019 for attachment and sale of movables of judgment debtor for
recovery of Rs.35,55,435/-(in respect of EP No.4099 of 2019) and Rs.47,43,812/-
(in respect of EP No.4101 of 2019).
3. The Decree Holder/Firm had filed O.S.Nos.10188 of 2010 for recovery
of Rs.13,75,156/-together with interest at 12% and 10029 of 2010 for recovery of
Rs.22,76,200/- together with interest at 12%. Both the suits were decreed on
20.09.2016 and they have not been challenged by the judgment debtor till date
and the decree had attained finality.
4. In the Executing Court, the petitioner/judgement debtor had filed
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C.R.P.Nos.2226 and 2228 of 2023
Applications in E.A.SR Nos.36380 and 36382 of 2021 in EP Nos.4101 and 4099
of 2019 in O.S.Nos.10188 and 10029 of 2010, stating that the Execution Petitions
violate Order XXI Rule 11 (2) and Order XXI Rule 17 of Civil Procedure Code
and raised various objections including the other objections that were raised by
the judgment debtor under Section 47 of Civil Procedure Code. The contention of
the judgment debtor is that the decree holder/partnership firm did not exist and
that the partnership firm got dissolved upon the demise of a partner viz.,
K.Selvaraj and that the present partner Ms.P.Kasturi is not a competent person to
file an Execution Petition. The Executing Court had dismissed E.A.SR
Nos.36380 and 36382 of 2021, against which, the revision petitioner/judgment
debtor filed Civil Revision Petitions in CRP Nos.700 and 701 of 2022 and they
came to be dismissed by this Court by order dated 11.03.2022. At the time of
disposal, the petitioner/judgment debtor contended that the judgment debtor
would be ready to pay the entire decreetal amount in both the Execution Petitions
in which both the CRPs arise within a period of four weeks from 11.03.2022
subject to the decree holder filing a detailed statement of accounts to enable the
judgment debtor to organise payment of the balance decree amount, if any. This
Court, taking into consideration the fairness of the judgment debtor, had directed
him to deposit the amount. Subsequently, the petitioner/judgment debtor had filed
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C.R.P.Nos.2226 and 2228 of 2023
applications in CMP Nos.7211 and 7212 of 2022 seeking extension of time and
this Court, taking into consideration the submissions made by the revision
petitioner/judgment debtor, had directed the judgment debtor to deposit the suit
claim amount before the Executing Court on 29.04.2022 and thereafter, this Court
also directed the revision petitioner/judgment debtor to deposit the balance
differential amount within a period of six weeks thereafter. Thereafter, the
revision petitioner/judgment debtor paid some decreetal amount and as per memo
of Calculation filed by the revision petitioner/judgment debtor, an amount of
Rs.12,64,324/- remains to be paid in E.P.No.4101 of 2019 and an amount of
Rs.12,11,598/- remains to be paid in E.P.No.4099 of 2019.
5. During that time, the revision petitioner/judgment debtor has filed
petitions in EA SR Nos.76939 and 76940 of 2022 contending that the Execution
Petitions were not filed by a competent person and that the partnership/decree
holder does not exist and partnership deed has not been produced. The Executing
Court finding that the attitude of the judgment debtor repeatedly raising same
objection before the executing court under Section 47 of Civil Procedure Code is
not maintainable and also finding that the issues already determined cannot
be re-agitated in the form of Section 47 of Civil Procedure Code, refused to
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C.R.P.Nos.2226 and 2228 of 2023
entertain the petitions. Challenging the same, the present civil revision petitions
are filed.
6. Learned counsel for the petitioner would submit that despite requests
made by the petitioner to produce the recent Registration Certificate regarding the
partnership firm and the details of the partners, the respondent/decree holder had
not furnished the same and the revision petitioner is not aware in whose name the
amount has to be paid and he is entitled to know the names and thereby he would
seek that directions be issued to the Court to number the petitions and pass orders.
7. Per contra, learned counsel for the respondent would submit that decree
has been obtained by the respondent M/s Mech Struc Engineers, a partnership
firm which was registered on 13.07.1984 with 11 partners and consequent to the
death of some partners, it has been reconstituted. One P.Kasturi and S.Baskar,
who are the founder partners of the Firm are continuing and the registration is
also alive. Learned counsel further submits that it is the habit of the petitioner to
file petitions one after another to delay the payment and the petitioner cannot take
contradictory stand. The petitioner had earlier filed similar applications before the
Executing Court and since it they were not numbered, the petitioner had filed
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C.R.P.Nos.2226 and 2228 of 2023
revision before this Court in CRP Nos.700 and 701 of 2022 and the above
revisions, the revision petitioner had given an undertaking to pay the remaining
amount before E.P court in respect of E.P.Nos.4101 and 4099 of 2019 and after
giving an undertaking before this Court, only to protract and to delay the
execution proceedings, the petitioner has once again come up with very same
prayer. Learned counsel further submitted that in the case of Zodiac Traders
India vs Seychelles Public Transport Corpn reported in 2013(6)CTC 301, this
Court has referred to the decision of a Full Bench of this Hon'ble Court in the
case of Hanumanthappa vs Seethayya and Company reported in 1949 (62) LW
539, wherein, the Hon'ble Full Bench has held that the moment that a decree is
passed for a debt due to the partnership the relationship of the partners qua the
decree debt ceases and they become mere joint creditors entitled to the decree
amount in such specific shares as they would be entitled to in the assets of the
partnership firm on dissolution. Learned counsel further submits that as on today,
the partnership firm is in existence represented by its partners P.Kasturi and
S.Baskar and Execution Petitions have been pursued by the Firm through
P.Kasturi. The Executing Court has rightly finding that the petitions have been
filed only to scuttle the Execution Proceedings has refused to number the same.
In order to substantiate the claim that the firm M/s Mech Struc Engineers is in
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C.R.P.Nos.2226 and 2228 of 2023
existence, learned counsel for the respondent has also furnished a web copy of the
Firm's status issued by the Registration Department.
8. Heard both sides and perused the materials available on record.
9. The revision petitioner is the judgment debtor. He had already filed EA
SR Nos.36380 and 36382 of 2021 in E.P.Nos.4101 and 4099 of 2019 objecting
to EP proceedings on the very same grounds and against the non-numbering the
same, the petitioner/judgment debtor had earlier approached this Court in CRP
Nos.700 and 701 of 2022 and when this Court was not inclined to pass an order,
the petitioner/revision petitioner through his counsel had undertaken to pay the
entire decreetal sum in both the execution petitions within a period of four weeks
from 11.03.2022 and thereafter, he had filed CMP Nos.7211 and 7212 of 2022,
seeking extension of time and this Court by order dated 27.04.2022 directed the
revision petitioner/judgment debtor to deposit the suit claim before the executing
court on 29.04.2022 and to deposit the balance differential amount within a
period of six weeks thereafter. Once again the petitioner/judgment filed petitions
in EA SR Nos.76939 and 76940 of 2022 with the same prayer and the same was
rejected. Challenging the same, the revision petitioner/judgment debtor has filed
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C.R.P.Nos.2226 and 2228 of 2023
the present revision petition.
10. From the records, it is seen that the partnership firm M/s Mech Struc
Engineers is the plaintiff and decree holder and the Execution Petition is also filed
by the partnership firm through one of its partners. A Full Bench of this Hon'ble
Court in Hanumanthappa's case referred supra has held that the partners are
entitled to the decree amount in specific shares as they would be entitled to in the
assets of the partnership firm on a dissolution. Further as on today, the Firm is
alive and existing. The petitioner has repeatedly been adopting the same tactics.
11. It is seen that the conduct of the revision petitioner/judgment debtor is
only to delay the progress and evade payment. I do not find any merit in these
revisions. Accordingly, both the civil revision petitions are dismissed. The
Executing Court shall proceed with the execution proceedings.
No costs. Consequently, all miscellaneous petitions are closed.
09.09.2024
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C.R.P.Nos.2226 and 2228 of 2023
sr
Index:yes/no
Website:yes/no
To
The IX Assistant City Civil Court,
Chennai
https://www.mhc.tn.gov.in/judis
C.R.P.Nos.2226 and 2228 of 2023
A.D.JAGADISH CHANDIRA,J,.
sr
CRP Nos.2226 and 2228 of 2023
09.09.2024
https://www.mhc.tn.gov.in/judis
