M/S.Sakthi Aishwarya Spining Mills (P) Ltd., v. G.Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD) NO.712 OF 2019 1.M/s.Sakthi Aishwarya Spinning Mills(P) Ltd., No.36, Padmavathy Puram, 6th street, Tirupur - 641 603.

P.Karuppusamy (died) 2.Ruchmani 3.Easwari 4.K.Sakthi Vignesh [P.Karuppusamy died on 31.08.2017 and therefore the 4th petitioner was impleaded by the lower Court Vide order dated 17.07.2018 in E.A.No.63/2017] ... Petitioners Vs.

G.Srinivasan ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to direct expeditious disposal of E.P.No.74/2016 in A.P.No.1/2019 on file of the Fast Track Mahila Judge, Namakkal. For Petitioners : Mr.Vignesh Venkat

O R D E R

An award passed under the Arbitration and Conciliation Act, 1996, on 15.07.2009 has become final, after the same having been challenged before this Court and finally before the Hon'ble Supreme Court. Finally, the decree holder/first petitioner herein filed an execution petition in E.P.No.74 of 2016 for execution. The judgment debtor / respondent herein was set exparte on 16.09.2016. On application, the execution petition was restored on 05.04.2017. Thereafter, an application to bring the legal representatives of the decree holder / first petitioner was filed on his demise vide E.A.No.126 of 2018. The respondent / judgment debtor is protracting the matter without filing counter. Bringing the legal representatives on record is a simple procedural matter and the execution petition cannot be kept pending for long on that count. Aggrieved over the long pendency of the execution application, the petitioners are before this Court seeking direction to the Trial Court for early disposal of both the execution application and the execution petition.

2. I have considered the submissions made by the learned counsel for the petitioners.

3. Till date, the petitioners / decree holders are unable to enjoy the fruits of the award. Considering the long pendency of the litigation, a direction is issued to the Sessions (Fast Track) Mahila Court, Namakkal to dispose of E.A.No.126 of 2018 within a period of one month from the date of receipt of a copy of this order and dispose of E.P.No.74 of 2016 in A.P.No.1 of 2019 within a period of three months from the date of disposal of the execution application.

4. The Civil Revision Petition is disposed of accordingly. No costs.

10.06.2019 Index:Yes/No Internet:Yes/No Speaking Order/Non Speaking Order bri/tk To The Fast Track Mahila Judge, Namakkal.

M. GOVINDARAJ, J.

bri/tk C.R.P.(PD) NO.712 OF 2019 10.06.2019