T.A.Srinivasan v. Sbi Cards And Payments Service Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 14.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.962 of 2024 T.A.Srinivasan ...

Petitioner Vs.

SBI Cards & Payments Service Pvt Ltd., Rep.by its Manager (Legal), Prabhu Parthasarathy, ...

Respondent Prayer: Civil Revision Petition has been filed under Section 115 r/w Section 151 of the Code of Civil Procedure to strike off proceedings in EP.No.607 of 2021 pending on the file of the learned XXVI Assistant City Civil Court, Chennai.

For Petitioner :

Mr.V.L.Anton Naveen Kumar for Nathan and Associates

ORDER

This civil revision petition has been filed to strike off proceedings in EP.No.607 of 2021 pending on the file of the learned XXVI Assistant City Civil Court, Chennai.

2.When the matter is taken up for hearing, the learned counsel appearing for the petitioner conceded that the award passed in Arbitration Case No.PRC-(JUNE - 17)-1314 of 2017 against him was not challenged.

3.On perusal of the records, it is noticed that the petitioner is the Judgment Debtor in Arbitration Case No.PRC - (JUNE-17) - 1314 of 2017. Further, it is noticed that the Arbitration award has been passed on 29.09.2017 directing the petitioner/Judgment debtor shall pay to the respondent/decree holder a sum of Rs.1,39,514/- together with interest at the rate of 8% per annum from the date of accrual of the cause of action as per the statement of claim till the date of decree or the date of payment whichever is earlier and shall also pay a sum of Rs.11,000/- as costs of the Arbitration proceedings. Since the Arbitration Award is not challenged, Execution Petition has been filed by the respondent/decree holder. Under these circumstances, unless and until, the Arbitration Award is challenged or modified, the appeal can not be allowed. There is no ground to strike off the EP filed in pursuance of the award passed in Arbitration Case No.PRC-(JUNE-17)-1314 of 2017 and I find no

merit in the civil revision petition. Accordingly, the civil revision petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Index:Yes/No 14.03.2024 Internet:Yes/No sms To The XXVI Assistant City Civil Court, Chennai. V.SIVAGNANAM , J.

sms CRP No.962 of 2024 14.03.2024