Madras High Court
Muthumani vs M/S.Apna Finance (India) Ltd on 15 July, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
C.R.P.Nos.1867 & 2527 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
C.R.P.Nos.1867 & 2527 of 2025
and WMP.Nos.10755 & 14424 of 2025
CRP.No.1867 of 2025
Muthumani ... Petitioner
Vs.
M/s.Apna Finance (India) Ltd
Rep by its Authorised Signatory
Mr.Vishal Lodha
No.1, Mannappan Street
Sowcarpet, Chennai – 600 079 ... Respondent
CRP.No.2527 of 2025
G.Achyutha ... Petitioner
Vs.
1.M/s.Apna Finance (India) Ltd
Rep by its Authorised Signatory
Mr.Vishal Lodha
No.1, Mannappan Street
Sowcarpet, Chennai – 600 079
2.S.Sivakumar
3.Muthumani ... Respondents
Prayer in CRP.No.1867 of 2025 : Civil Revision Petition filed under
Section 115 of Code of Civil Procedure, to set aside the fair and decretal
order dated 26.03.2025 made in E.A.No.3 of 2024 in EP.No.6436 of 2022
on the file of the XXVIII Assistant City Civil Court, Chennai.
Prayer in CRP.No.2527 of 2025 : Civil Revision Petition filed under
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C.R.P.Nos.1867 & 2527 of 2025
Section 115 of Code of Civil Procedure, to set aside the fair and decretal
order dated 21.04.2025 made in E.P.No.2206 of 2015 on the file of the
XXVIII Assistant City Civil Court, Chennai.
CRP.No.1867 of 2025
For Petitioner : Mr.D.Veerasekharan
For Respondent : Mr.S.R.Sundar
CRP.No.2527 of 2025
For Petitioner : Mr.D.Veerasekharan
For Respondent : Mr.S.R.Sundar for R1
COMMON ORDER
Though these revisions were listed today as separate items, since, the
dispute arises out of an arbitration proceedings in the same award in
ARC.No.257 of 2010 dated 18.11.2010, these revisions are taken up, heard
together and disposed of by way of this common order.
2. The petitioner in CRP.No.1867 of 2025 is the second judgment
debtor and the petitioner in CRP.No.2527 of 2025 is the third judgment
debtor in the aforesaid award. The judgment debtors 2 and 3 are the
guarantors of the amount borrowed by the first judgment
debtor/S.Sivakumar.
3.a. Challenging the order dated 26.03.2025 made in E.A.No.3 of
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C.R.P.Nos.1867 & 2527 of 2025
2024 in EP.No.6436 of 2022 on the file of the XXVIII Assistant City Civil
Court, Chennai, the revision in CRP.No.1867 of 2025 has been filed.
3.b. Challenging the order dated 21.04.2025 made in E.P.No.2206 of
2015 on the file of the XXVIII Assistant City Civil Court, Chennai, the
revision in CRP.No.2527 of 2025 has been filed.
4. Originally, the first judgment debtor had executed an Hire Purchase
Agreement on 07.04.2007 for a sum of Rs.6 lakhs for purchase of car. As
the amount was not paid as per the agreement, the matter was referred to
arbitration and an award was passed in ARC.No.257 of 2010 dated
18.11.2010 for a sum of Rs.13,90,464/- together with interest @ 18% p.a.,
from the date of award till realisation. To realise that amount, the
plaintiff/Finance Company has filed EP.No.2206 of 2015 under Order XXI
Rule 37 and 38 of CPC seeking arrest as against the the judgment debtor.
The Executing Court vide order dated 21.04.2025 allowed the petition.
Challenging the same, the revision in CRP.No.2527 of 2025 has been filed.
Similarly, the decree holder has filed EP.No.6436 of 2022 seeking for
attachment of the property of the second judgment debtor, wherein,
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C.R.P.Nos.1867 & 2527 of 2025
application was filed under Section 47 of CPC by the second judgment
debtor. The Executing Court vide order dated 26.03.2025 dismissed the
application filed under Section 47 and allowed the EP by ordering
attachment. Challenging the order allowing the attachment, revision in
CRP.No.1867 of 2025 has been filed.
5. Heard both sides and perused the materials placed on record. The
revision petitioner/2nd judgment debtor and her husband first judgment
debtor/borrower are present before this Court.
6. On 28.04.2025, the second judgment debtor has stated that she is
ready and willing to deposit the agreed loan amount of Rs.7,92,000/- and
sought for interim stay. It is also stated by the learned counsel for either side
that the above amount has been deposited to the credit of the Execution
Petition.
7. When the matter came up before this Court on the last hearing, at
the request of the learned counsel for the petitioner, the Court in order to
give quietus had requested the learned counsel appearing for the Finance
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C.R.P.Nos.1867 & 2527 of 2025
Company/decree holder for considering in reducing the interest from 18% to
7.5%. On instructions, today, the learned counsel for the decree holder had
submitted that the decree holder is ready to receive a sum of Rs.19 lakhs in
full quit by calculating the interest @ 7.5% excluding the amount already
deposited in the credit of the suit, i.e., 7,92,000/-.
8. The learned counsel for the petitioners submitted that the revision
petitioner is ready to pay the amount as agreed by the decree holder, viz., 19
lakhs in ten installments commencing from August 2025. At any event, the
entire amount of Rs.19 lakhs will be settled within the 10 instalments. The
revision petitioner also assured before this Court that the entire amount will
be paid.
9. Such view of the matter, as agreed by the revision petitioner, this
Court is inclined to grant time to the revision petitioner/2nd judgment debtor
to pay the agreed amount, i.e., Rs.19 lakhs to the decree holder commencing
from August 2025. If the sum of Rs.19 lakhs is paid, the EP in both the
revision stands terminated, otherwise, the Executing Court is at liberty to to
proceed the execution proceedings for realisation of the decretal amount. It
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C.R.P.Nos.1867 & 2527 of 2025
is also made clear that till the completion of 10 months from August 2025,
the attachment order passed by the Executing Court in respect of the
property shall continue and the sale of the property pursuant to such
attachment shall be postponed, similarly, the arrest against the third
judgment debtor shall also be kept in abeyance till such time.
10. At this stage, the learned counsel for the decree holder seeks
liberty to withdraw the deposited amount of Rs.7,92,000/- from the
Executing Court. Such view of the matter, the decree holder is permitted to
withdraw the amount of Rs.7,92,000/- deposited to the credit of execution
petition as per law.
11. Accordingly, this revisions stand disposed of. No costs.
Consequently, connected miscellaneous petitions stand closed.
15.07.2025
dhk
Internet : Yes
Index : Yes / No
To
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C.R.P.Nos.1867 & 2527 of 2025
1.The XXVIII Judge
Assistant City Civil Court,
Chennai
2.The Section Officer,
VR Section,
High Court, Madras.
N. SATHISH KUMAR, J.
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C.R.P.Nos.1867 & 2527 of 2025
dhk
C.R.P.Nos.1867 & 2527 of 2025
and WMP.Nos.10755 & 14424 of 2025
15.07.2025
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