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Madras High CourtCRP/1065/2024dismissed

Mickey Mouse Regression Club v. Shriram Chits Tamilnadu (P) Ltd.

2024-03-22Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.R.P. No.1065 of 2024 and C.M.P. No.5546 of 2024

1. Micky Mouse Regression Club

2. Manimekalai W/o. Sankara Narayanan

3. K.J. Vijay S/o. Jeyananthan

4. R. Roopa W/o. S. Ramesh ... Petitioners vs.

Shriram Chits Tamil Nadu (P) Limited, business at No.141, Kantha Kottam, 3rd Floor, Sathy Road, Opp. to Bus Stand, Erode - 3.

represented by its Foreman.

... Respondent Prayer: Civil Revision Petition filed under Section 115 of Code of Civil Procedure, praying to call for the records in E.P. No. 3 of 2020 in Arb. Case N No.54 of 2019 on the file of the learned Principal District Judge, Erode and to set aside the final order dated 02.11.2023.

For Petitioner : Mr. E.J. Ayyappan 1/4

O R D E R

The Civil Revision Petition is filed challenging the order passed by the Executing Court allowing the execution petition filed by the respondent / decree holder in E.P. 3 of 2020.

2. By virtue of the impugned order, the immovable property of the petitioners is ordered to be attached in execution of the decree for recovery of award amount of Rs.21,65,675/-. It is seen from the impugned order that the petitioners herein remained exparte in the Arbitral proceedings as well as in execution petition.

3. The learned counsel appearing for the petitioners is unable to point out any infirmity in the order passed by the executing Court allowing the execution application. In fact, the petitioners herein failed to appear before the Executing Court and raise any objections. In such circumstances, I do not find any error in the order passed by the Court below warranting interference of this Court.

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4. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 22.03.2024 Index : Yes / No Speaking order : Yes / No : Yes / No mjs To The Principal District Judge, Erode.

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S.SOUNTHAR, J.

mjs 22.03.2024 4/4