Madras High Court
M/S.Maruti Build Care vs Ncl Buildtek Limited on 3 February, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
CRP.(MD).No.12 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
CRP.(MD).No.12 of 2025
and
C.M.P.(MD).111 of 2025
in
E.P.No.7 of 2023
in
O.S.No.896 of 2012
M/s.Maruti Build Care,
Represented by its Proprietor Selvamani,
No.82, V.O.C. Street,
Vengamedu, Karur. .. Petitioner/Respondent/Defendant
Vs.
NCL Buildtek Limited,
Previously Known as
NCL ALLTECK & SECCOLOR LTD.,
Hyderabad,
Office at 10-3-162, 5th Floor, NCL Pearl,
S.D.Road, East Maredpally,
Opposite to Hyderabad Bhavan,
Secunderabad. .. Respondent/Petitioner/Plaintiff
Prayer: This Civil Revision Petition is filed under Section 115 of the
Code of Civil Prodcedure, to set aside the Docekt Order dated
04.12.2024 passed in E.P.No.7 of 2023 in O.S.No.896 of 20212 on the
file of the Principal District Judge, Karur and allow the present Civil
Revision Petition.
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CRP.(MD).No.12 of 2025
For Petitioner : Mr.P.Vinoth
for Mr.K.Kevinkaran
For Respondent : Mr.S.Deenadhayalan
ORDER
The present Civil Revision Petition has been filed by the
Judgment-Debtor, in a Money Suit.
2. The Respondent herein had filed O.S.No.896 of 2012 on the file
of the 1st Additional Court, Ranga Reddy Court. LB Nagar Hyderabad for
the relief, recovery of a sum of Rs.52,44,500/-. A Decree was passed on
23.01.2019. The Decree was later transmitted to the Principal District
Judge, Karur, wherein the Decree Holder had filed E.P.No.7/2023.
3. The Learned Trial Judge has passed an order dated 28.04.2023,
ordering arrest of the Civil Revision Petitioner. This order was put to
challenge by the Petitioner in C.R.P.(MD).No.1156 of 2023. At the time
of arguments, the Learned Counsel appearing for the Petitioner had
submitted that the Decree obtained by the Respondent before the 1 st
Additional Court, Ranga Reddy Court. LB Nagar Hyderabad is an ex-
parte decree and he had filed I.A.No.884 of 2023 to set aside the ex-
parte decree. After recording the same, this Court had observed that
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depending upon the outcome of I.A.No.884 of 2023, further proceedings
in the Execution Proceedings can be proceeded with and the
C.R.P(MD).No.1556 of 2023 was dismissed as infructuous by this Court
on 11.11.2024.
4. Misconstruing the order passed by this Court, and dismissal of
the Civil Revision Petition, the Trial Court has again passed an order
dated 04.12.2024, and directed re-arrest of the Civil Revision Petitioner
by 08.01.2025. Challenging the same, the present Civil Revision Petition
has been filed.
5. According to the learned Counsel appearing for the Civil
Revision Petitioner, when this Court has directed the Trial Court to await
for the outcome of I.A.No.884 of 2023, without awaiting for the outcome
of the above said application, the Trial Court has again ordered re-arrest.
6. Per-Contra, the Learned Counsel appearing for the Respondent
contended that the Civil Revision Petition has been dismissed as
infurcutous and therefore, the Principal District Judge, Karur, proceeded
to order re-arrest.
7. A perusal of the order passed by this Court in C.R.P.(MD).No.
1556 of 2023 on 11.11.2024, reveals that this Court has directed the
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Learned Trial Court to proceed with the Execution Proceedings
depending upon the outcome in I.A.No.884 of 2023, pending on the file
of the 1st Additional Court, Ranga Reddy Court. LB Nagar Hyderabad. In
such circumstances, the Learned Trial Court ought not to have ordered
re-arrest of the Civil Revision Petitioner on 04.12.2024.
8. In view of the above the said deliberations, the order of the
Learned Trial Court dated 04.12.2024 is hereby set aside and the Learned
Trial Court is directed to await for the outcome of the proceedings in
I.A.No.884 of 2023 on the file of the 1st Additional Court, Ranga Reddy
Court. LB Nagar Hyderabad. After the disposal of I.A.884/2023, the
Learned Trial Court shall proceed in accordance with law. Hence, this
Civil Revision Petition stands allowed. No costs. Connected Civil
Miscellaneous Petition is also closed.
03.02.2025
NCC : Yes/No
Index : Yes/No
Internet : Yes
nst
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R.VIJAYAKUMAR,J.
nst
To
1.The
Principal District Judge, Karur.
2. The
1st Additional Court,
Ranga Reddy Court,
LB Nagar Hyderabad.
3.The Section Officer,
VR Record Keeper,
Madurai Bench,
High Court of Madras.
and
C.M.P.(MD).111 of 2025
in
in
Dated: 03.02.2025
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