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Madras High CourtCRP/941/2022allowed

The Managing Director v. Rangasamy

2022-04-11Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.04.2022

CORAM:

Mr. JUSTICE N.SESHASAYEE & C.M.P.No.4808 of 2022 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Division II, Salem.

...Petitioner

Vs.

1.Rangasamy, S/o.Sakkan 2.Tamil Chithiravelu, S/o.Rangasamy 3.Sakkansamy, S/o. Rangasamy

...Respondents

PRAYER: The Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the Petition and Docket order dated 10.03.2022 made in R.E.P. No.6 of 2017 in M.C.O.P.No.685 of 2008 on the file of the Principal District and Sessions Judge, Dharmapuri.

For Petitioner :

Mr.R.Balaramesh for D.Venkatachalam For R1 to R3 :

Mr.V.R.Annagandhi

O R D E R

This Revision is filed for challenging an attachment of bus of the Revision Petitioner in Execution of an Award passed by the M.A.C.T in R.E.P.No.6 of 2017 in M.C.O.P.No.685 of 2008 on the file the learned Principal District and Sessions Judge, Dharmapuri.

2.The Execution Proceedings amount is stated to have been deposited and the respondents' counsel does not dispute it. There is, however, some dispute about TDS amount and the learned counsel for the revision petitioner undertakes that he would abide by the orders of the Execution Court in this aspect. Now, it is for the Execution Court to decide if the revision petitioner needs to make any payment, more particularly anything that may relate to deduction of TDS. This is an issue, which is yet to be decided by the Execution Court.

3.Therefore, for the present, this Court deems it appropriate to allow the Revision and raise the attachment of the Bus bearing Regn. No.TN29N2720. The Execution proceedings need not be dismissed since this Court has directed the Execution Court to pass further orders regarding payment of any

amount concerning TDS.

4.The Civil Revision Petition is allowed in the manner as indicated above at the admission stage itself. Consequently, the connected C.M.P.No.4808 of 2022 is closed. No costs.

11.04.2022 Index : Yes/No Internet : Yes/No Speaking / Non Speaking order kas/dk Note: Office to Issue order copy today.

To The Principal District and Sessions Court, Dharmapuri.

N.SESHASAYEE, J., kas/dk & C.M.P.No.4808 of 2022 11.04.2022