Avadh Rail Infra Limited, v. Union Of India,

CRP Nos. 2559, 2561 and 2101 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP Nos. 2559, 2561 and 2101 of 2026 and CMP Nos.10819, 9261 and 10820 of 2026

1. Avadh Rail Infra Limited, (Previously Madras Elastomer Limited) Represented by its Managing Director, No.17(Old No.6) Damodarapuram Main Road, Adyar, Chennai -600 020.

Petitioner in all the revisions Vs

1. Union of India, Represented by its General Manager, Heavy Vehicles Factory, A Unit of Armoured Vehicle Nigam Limited (AVNL), Ministry of Defence, Avadi, Chennai -600 054.

Respondent in all the revisions CRP Nos.2559 and 2561 of 2026 filed under Section 115 of Civil Procedure Code to set aside the orders dated 26.02.2026 passed in E.A.Nos.3,2 of 2025 in EP No.169 of 2025 in O.S.No.2701 of 2021 and CRP No.2101 of 2026 filed to set aside the order dated 28.07.2025 passed in EP No.169 of 2025 in O.S.No.2701 of 2021 on the file of IX Assistant City Civil Court, Chennai.

For Petitioner(s):

P.Abhinav For Respondent(s):

M/s.K.Subbu Ranga Bharathi Central Govt. Counsel 1/4

COMMON ORDER When the matter was taken up today, learned counsel for the respondent submits that against the decree passed in O.S.No.665 of 2009 and O.S.No.2701 of 2021, appeal was preferred by the revision petitioner in Appeal(CAD)No.4 of 2025 and the same is pending before the Division Bench of this Court, but, as on date, no stay is granted by the Division Bench of this Court and therefore, they are not entitled for the relief of stay.

2. Learned counsel for the petitioner/judgment debtor submits that no notice was served on the petitioner. Therefore, they remained exparte in the execution proceedings, but still they are having valid defence.

3. Admittedly, as on date, the appeal preferred by the judgment debtor is pending before the Division Bench of this Court. However, based on the decree, the respondent is attempted to attach the movables of the petitioner. According to the decree holder, the suit claim is Rs.60,00,000/- and with interest it comes to more than Rs.1,00,00,000/- and the suit is pending from 2009 onwards, as on date, they are not able to realise the decree amount.

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4. In view of the above, the petitioner is directed to deposit a sum of Rs.5,00,000/-(Rupees Five Lakhs Only) to the credit of O.S.No.2701 of 2021 on the file of IX Assistant City Civil Court, Chennai within a period of four weeks from the date of receipt of a copy of this order and on such deposit, the order of attachment passed by the Executing Court in E.P.No.169 of 2025 is set aside as appeal is pending before Division Bench of this Court.

5. In view of the order passed in CRP No.2101 of 2026, CRP Nos.2559 and 2561 of 2026 are dismissed as infrctuous. No costs. Consequently, connected miscellaneous petitions are closed.

15.06.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To The IX Assistant City Civil Court, Chennai 3/4

T.V.THAMILSELVI.,J sr CRP Nos. 2559, 2561 and 2101 of 2026 15.06.2026 4/4