S.Parthiban, v. Shriram Chits Tamil Nadu (P)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2022 CORAM :

THE HON'BLE MRS.JUSTICE J.NISHA BANU and C.M.P.No.834 of 2016 S.Parthiban

...Petitioner

Vs.

1.Shriram Chits Tamil Nadu (P) Ltd., No.54, Station Road, Radha Nagar, Opp. To AG Health Center, Chromepet, Chennai - 600 044.

J.Sathyamoorthy (deceased) 2.S.Parthasarathy 3.Dr.K.Rajavel

...Respondents

[Cause title accepted vide order of the Court dated 14.12.2015 made in M.P.No.1/2015 in C.R.P.Sr.No.92039/2015 ] PRAYER: Civil Revision Petition filed under Section 115 of C.P.C to set aside salary attachment order passed by the X Assistant Judge, Chennai in E.P.No.2204 of 2014 in A.R.C.No.791 of 2012 dated 01.08.2015.

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For Petitioner : Mr.B.Vijayakumar For Respondents : No appearance for R1 & R3

O R D E R

The Civil Revision Petition has been filed against the order of attachment of salary of the judgment debtors 3 and 4.

2. The learned counsel for the petitioner/judgment debtor 3 would state that pending disposal of the above revision petition, as per the impugned award dated 21.01.2013, the entire amount has been recovered by the first respondent. He further stated that the first respondent has recovered excess amount from the petitioner and hence, the petitioner is entitled for refund of the excess amount.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

4. In view of the submission made by the learned counsel for the petitioner, this Civil Revision Petition is dismissed as infructuous. Page 2 / 4

Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

5.If there is any excess amount paid by the petitioner, it is always open to the petitioner to work out his remedy in the manner known to law.

15.02.2022 ms To The X Assistant Judge, Chennai.

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J.NISHA BANU , J.

ms and C.M.P.No.834 of 2016 15.02.2022 Page 4 / 4