Nandha Chemicals v. Yogeeshwar Chemicals Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA and CMP No.7851 of 2025

1. M/s.Nandha Chemicals Rep by its Partner, Prakash Dying Compound, 10/677. Park School, Chinnakarai, Tiruppur-641 605

2. V.M.Venkatachalam Partner, M/s Nandha Chemicals, 10/677, Park School, Chinnakarai, Tiruppur-641 605 Petitioner(s) Vs

1. M/s.Yogeeshwar Chemicals Ltd., Rep by its Authorised Manager, Mr.Prashant Kukadiya, 2 nd Floor Coper Rollers Premises, Opp Post Office, Bhandup(W), Mumbai-400 078, Now operated from Address R-345, TTC Indl, Area Rabale, MIDC, Thane Belapur Road, Navi Mumbai-400 701, (Rep by its Authorized Manager Mr. Mahendra Uttekar) 2.V P Jeganathan(Partner) M/s.Nandha Chemicals, 2/908, Kumaran Street, S.R.Nagar, Mangalam Road, Tiruppur-641 607 Respondent(s) PRAYER To struck off the Execution petition filed by the respondent in EP.No.105/2023 in Case No.A16/2010-2011 pending on the file of the 1 st Additional District and Sessions Judge at Tiruppur.

For Petitioner(s):

Mr.V. Ramamurthy

ORDER

Learned counsel appearing for the petitioners submits that the Award in Case No.A16/2010-2011 was passed on 29.11.2010 and the Execution Petition has been filed beyond the period of 12 years i.e., on 23.02.2022, thereby, the execution petition is barred by limitation. He, thereby, prays that the execution proceedings have to be struck off.

2. Perusal of e-court services shows that the Execution Petition in E.P.No.105 of 2023 on the file of the 1 st Additional District Court, Tiruppur, has been filed in Filing No.378/2022 on 23.02.2022. The copy of the case details and status in e-court services is extracted hereunder :-

3. At this juncture, the learned counsel for the petitioners seeks permission of this Court to withdraw the petition and he seeks liberty to raise the grounds before the Executing Court. He has also made an endorsement to that effect.

4. In view of the submission and the endorsement made by the learned counsel appearing for the petitioners, this Civil Revision Petition stands dismissed as withdrawn. However, the petitioners are at liberty to raise their grounds before the Executing Court. Consequently, connected miscellaneous petition is closed. No costs.

01-04-2025 ham Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.M/s.Yogeeshwar Chemicals Ltd., Rep by its Authorised Manager, Mr.Prashant Kukadiya, 2nd Floor Coper Rollers Premises, Opp Post Office, bhandup(W), Mumbai-400 078, Now operated from Address R-345, TTC Indl, Area Rabale, MIDC, Thane Belapur Road, Navi Mumbai-400 701, (Rep. by its Authorized Manager Mr. Mahendra Uttekar) 2.V P Jeganathan(Partner) M/s.Nandha Chemicals, 2/908, Kumaran Street, S.R.Nagar, Mangalam Road, Tiruppur-641 607

3. The 1 st Additional District and Sessions Judge at Tiruppur.

4. The Section Officer, VR Section, High Court of Madras.

A.D.JAGADISH CHANDIRA J.

ham and CMP No.7851 of 2025 01-04-2025