Madras High CourtCRP/4555/2017dismissed

P.Kannan v. Margadarasi Chits Pvt Ltd

2017-12-12Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (NPD) No. 4555 of 2017

1. P. Kannan

2. K. Karpagam .. Petitioners Vs

1. Margadarasi Chits Pvt. Ltd., No.6 Indian Chamber Buildings Esplanade, Chennai 108.

2. P. Anbarasan

3. S. Shine Kumar

4. T. Rajaji

5. V. Vijay Sarathy

6. G. Ramkumar .. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the petition and docket order dated 13.09.2017 passed by the learned IX Assistant City Civil Judge, Chennai in E.A. SR No.41652 of 2017 in E.P. No.3215 of 2014 and thereby direct the learned IX Assistant City Civil Judge, Chennai to take the EA SR No. 41652 of 2017 to number, enquire and dispose of the same on merits and in accordance with law.

For Petitioners : Mr. R. Balachanderan

O R D E R

This revision petition is filed against the docket order dated 13.09.2017 passed by the learned IX Assistant City Civil Judge, Chennai in E.A. SR No.41652 of 2017 in E.P. No.3215 of 2014 and thereby direct the learned IX Assistant City Civil Judge, Chennai to take the EA SR No. 41652 of 2017 to number, enquire and dispose of the same on merits and in accordance with law.

2. The learned counsel for the petitioners submitted that they have filed an application before the court below, with a prayer to declare the award passed in ARC No.52 of 2011 as null and void and not binding on the petitioners. The court below has dismissed the said application as not maintainable, in the unnumbered stage itself.

3. The learned counsel for the petitioners admitted that the prayer in the said application is not maintainable, however, requested this Court to permit the petitioners to file appropriate application, with proper prayer.

4. In view of the submission of the learned counsel for the petitioners, the Civil Revision Petition is dismissed. It is open to the petitioners to file appropriate application, with proper prayer and the same may be considered by the court below, in accordance with law. No order as to costs.

12.12.2017 Index : Yes/ No Speaking order/ Non speaking order [Issue order copy in two days] avr To The IX Assistant City Civil Judge, Chennai

D. KRISHNAKUMAR J., avr CRP (PD) No. 4555 of 2017 12.12.2017