The India Cements Limited vs M.Arivanandam
2025 Latest Caselaw 1335 Mad

Madras High Court

The India Cements Limited vs M.Arivanandam on 23 July, 2025

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                      C.R.P.(PD).(MD)No.345 of 2022




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 23.07.2025

                                                         CORAM

                                  THE HON'BLE MR. JUSTICE M.DHANDAPANI

                                        C.R.P.[PD](MD)No.345 of 2022
                                                            and
                                     C.M.P.(MD).Nos.1492 & 1494 of 2022
                The India Cements Limited,
                Represented by its
                Senior Executive President,
                Mr.T.S.Raghupathy                                                                ...Petitioner

                                                   Vs.

                M.Arivanandam                                                                     ...Respondent

                PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of

                India, praying to set aside the fair and excreetal order dated 22.10.2010 passed

                in E.P.No.46 of 2006 by the learned Principal District Judge, Madurai and the

                consequential order dated 22.09.2021 passed in E.A.No.9 of 2014 in E.P.No.46

                of 2006.



                                    For Petitioner                  : Mr.M.Aravind Subramaniam


                                    For Respondent                  : No Appearance




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                                                                                        C.R.P.(PD).(MD)No.345 of 2022




                                                              ORDER

This Civil Revision Petition has been filed to set aside the fair and

decreetal order dated 22.10.2010 passed in E.P.No.46 of 2006 by the learned

Principal District Judge, Madurai, and the consequential order dated 22.09.2021

passed in E.A.No.9 of 2014 in the same Execution Petition.

2. The learned counsel appearing for the petitioner would submit that the

petitioner is the decree holder. The petitioner filed a petition in E.P.No.46 of

2006 before the learned Principal District Judge, Madurai, seeking attachment

of the judgment debtor’s properties. However, by order dated 22.10.2010, the

trial Court ordered attachment only in respect of items 1 to 3 and declined to

attach the remaining properties. Aggrieved by the same, the petitioner filed

E.A.No.9 of 2014 under Section 151 of the Civil Procedure Code, seeking

permission to bring the remaining properties to sale in case the attached

properties were insufficient to satisfy the decreetal amount. However, the said

application was dismissed on 22.09.2021. Challenging the same, the present

Civil Revision Petition has been filed.

3. The learned counsel for the petitioner further submits that this Court

may grant liberty to the petitioner to proceed with respect three properties that

were already attached in E.P.No.46 of 2006 and also to take further steps in

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accordance with law if the value of the attached properties is insufficient to

satisfy the decree.

4. In view of the above submissions and the facts of the case, this Civil

Revision Petition stands dismissed. However, liberty is granted to the petitioner

to proceed with the execution of the decree in respect of three properties already

attached in E.P.No.46 of 2006. If the value of the attached properties is found

insufficient to satisfy the decree, it is open to the petitioner to take appropriate

steps to bring other properties of the judgment debtor to sale, in the manner

known to law. No costs. Consequently, connected miscellaneous petitions are

closed.

23.07.2025

Internet:Yes/No Index:Yes/No TSGTo

1.The Principal District Judge, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI, J.

TSG

C.R.P.(PD).(MD)No.345 of 2022

23.07.2025

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