Madras High CourtCRP/4843/2013dismissed as infructuous

Abdul Salam v. M/S Mahindra And Mahindra

2019-08-30Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2019

CORAM:

THE HONOURABLE MRS.JUSTICE R.HEMALATHA CRP.NO.4843 OF 2013 AND M.P.NO.1 OF 2013

1. Abdul Salam

2. Musthafa ... Petitioners Vs.

1. M/s Mahindra and Mahindra Financial Services Ltd., Gateway Building, Apollo Bunder, Mumbai 400 001.

branch office at No.1201, Avinashi Road, Above MRF Tyres, 1st floor, P.N.Palayam, Coimbatore 641 037.

Rep.by its Power Agent R.Shivakumar ... Respondent Prayer:

Civil Revision Petition filed under Section 115 of the Code of Civil Procedure against the orders dated 8.10.2013 passed in E.P.No.72 of 2013 in NPA-ARB-As.No.4376/2012 by the Principal District and Sessions Judge, Tiruppur.

For Petitioners : No appearance For Respondent : No appearance

O R D E R

This court in the order dated 30.12.2013, directed the civil revision petitioners to deposit the entire decree amount in E.P.No.72 of 2013 in NPA-ARB-As.No.4376/2012 or or before 06.01.2014. Subsequently, when the matter was listed on 21.08.2019, the learned counsel appearing for the revision petitioners could not state, whether the conditional orders passed by this court on 30.12.2013 was complied with by the revision petitioners. Therefore, the Registry was directed to get a report from the Principal District Judge, Tiruppur in this regard.

https://hcservices.ecourts.gov.in/hcservices/

2. Accordingly, the Principal District Judge, Tiruppur in his letter in D.No.8877/2019 dated 30.08.2019 had stated that Full Satisfaction memo was filed in E.P.No.72/2013 in NPA-ARBAs.No.4376/2012 on 09.10.2014 and that the execution petition was also terminated on the same day.

3. The present civil revision petition is filed challenging the orders passed in E.P.No.72/2013 in NPA-ARB-As.No.4376/2012. Since the execution petition itself is terminated after recording "Full Satisfaction Memo", nothing survives in the present revision petition for further adjudication. Hence, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mst To 1.

The Principal District and Sessions Judge, Tiruppur.

Copy To The Section Officer, VR Section, High Court, Madras-104.

CRP.4843 of 2013 M.P.No.1 of 2013 SV(CO) CS/24/10/2019 https://hcservices.ecourts.gov.in/hcservices/