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Madras High CourtCONT P/1038/2016closed

B.Rajan v. M/S.Devaki Engineering Works

2023-06-14Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2023 CORAM: JUSTICE N.SESHASAYEE and Sub Application No.210 of 2022 B.Rajan ... Petitioner Vs.

1.M/s.Devaki Engineering Works Rep by Partner Mr.B.Ravi Kumar 2.B.Ravikumar 3.R.Bobby having office at No.18, Vallal Pari Nagar Akshaya Colony, Padi Chennai - 50 4.The Sub Registrar Sub Registrar Officer Arakkonam, Vellore District 5.Ilango 6.P.Boopathi ... Respondents (Respondents 4 to 6 impleaded vide order of the Court dated 19.04.2022 made in Sub Appln.

No.181 of 2022)

PRAYER: Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for violation of the order dated 23.07.2010 and 15.02.2011 passed in O.A. No.813 of 2010 in C.S. No.667 of 2010. For Petitioner :

Mr.P.Krishnan For Respondents :

Mr.S.P.Karthik, Govt. Advocate for R1 Mr.N.Subbarayalu for R5 and R6

O R D E R

The order of this court has been complied with and the contempt petition is now liable to be closed. The learned counsel for the respondents 5 and 6 makes a statement that the attachment of the property has to be raised. In view of the fact that the decretal sum has been paid and the decretal debt is discharged, it is only appropriate that the attachment is raised.

2. The learned counsel for the contempt petitioner/decree holder undertakes that he would approach the II Additional District Court, Ranipet, where the execution petition in E.P. No.18 of 2017 was pending for raising the attachment.

So far as the decree debt is concerned, full satisfaction is recorded and the contempt petition is closed. In the eventuality of the contempt petitioner not approaching the II Additional District Court for raising the attachment, it is open to the respondents 5 and 6 herein to approach the same court with the present order for raising the attachment.

3. In fine, the contempt petition is closed. No costs. Consequently, the connected sub application is also closed.

14.06.2023 Asr To 1.The Sub Registrar Sub Registrar Officer Arakkonam, Vellore District 2.The Government Pleader High Court, Madras

N.SESHASAYEE, J., Asr & Sub Application No.210 of 2022 14.06.2023