Nilesh B Shah v. M/S.Natems Sugar Pvt Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

1. Nilesh B Shah S/o.Bhupendra Shah, represents the Partnership Firm M/s.Bearings and Bearings, As Partners at No.129, Thambu Chetty Street, Chennai-600001

2. Hitesh B Shah S/o.Bhupendra Shah, represents the Partnership Firm M/s.Bearings and Bearings, As Partners at No.129, Thambu Chetty Street, Chennai-600001 ..Petitioner(s) Vs

1. M/s.Natems Sugar Pvt Ltd., Rep. by its Director, House of Shalom, Plot NO.13, Survey No.90/1, IInd Floor, Greenland Colony, Gachibowli, Ranga Reddy (D) 500032 Hyderabad, Telangana

2. M/s.Natems Sugar Pvt. Ltd.

Rep. by its Director Prudential Nagar, Koppedu Post, Nindra (M) Chittoor (D) 517587 Andhra Pradesh ..Respondent(s) Prayer:

Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order dated 15.06.2024 passed in EP No.22/2024 by the learned Commercial Court at Egmore, Chennai and consequently direct the Commercial Court to issue precept attachment warrant as prayed for in the above EP.

For Petitioner(s):

MR. N.NAGU SAH For Respondent(s):

NO APPEARANCE

ORDER

Challenging the order dated 15.06.2024 passed in E.P. No.22 of 2024 by the learned Commercial Court, Egmore, Chennai, dismissing the petition seeking attachment before notice, the petitioners have preferred the present Civil Revision Petition.

2. The Executing Court dismissed the Execution Petition on the ground that the particulars of the movable properties sought to be attached had not been properly furnished.

3. The learned counsel for the petitioners submitted that the movable properties had been sufficiently described in the schedule appended to the Execution Petition, but the same was not properly considered by the Executing Court. On a perusal of the records, this Court finds that the particulars furnished in the execution application are sufficient for the purpose of considering the prayer for attachment before notice. Therefore, the reasons assigned by the Executing Court for rejecting the petition are not sustainable.

4. Accordingly, the impugned order dated 15.06.2024 passed in E.P. No.22 of 2024 is set aside and the Execution Petition is ordered to be restored to file. The Executing Court is directed to proceed with the matter in accordance with law.

5. Accordingly, this Civil Revision Petition is allowed. No costs. 22-06-2026 Index: Yes/No Speaking/Non-speaking order MPA To

1. The Commercial Court, Egmore, Chennai

2. M/s.Natems Sugar Pvt Ltd., Rep. by its Director, House of Shalom, Plot NO.13, Survey No.90/1, IInd Floor, Greenland Colony, Gachibowli, Ranga Reddy (D) 500032 Hyderabad, Telangana.

3. M/s.Natems Sugar Pvt. Ltd.

Rep. by its Director Prudential Nagar, Koppedu Post, Nindra (M) Chittoor (D) 517587 Andhra Pradesh

4. The Section Officer, VR section, High Court of Madras.

T.V.THAMILSELVI, J.

MPA 22-06-2026