R.Sowmya v. A.Gangadharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.11267 of 2026 R.Sowmya W/o. P. Vijayakumar, Partner Nesarani Rotary Prints, No.2D, Arathi Apartment, No.150/105, Habibullah Road, T. Nagar, Chennai 017.

..Petitioner(s) Vs

1. A.Gangadharan S/o. Arumugam, Partner Nesarani Rotary Prints, 4/95, Chinandipalayam, Andipalayam, Tiruppur 641 687.

2. N. Ramachandran S/o. Narayanan, Partner Nesarani Rotary Prints, 2/426/2, Maniyar Complex, Edwari, Tiruppur 641 687

3. K. Chellappa S/o. Kandiah, Partner Nesarani Rotary Prints, No.25, G3 IV Cross ST, Kannan Nagar, Madipakkam, Sholinganallur 600 091.

4. Nesarani Rotary Prints by Partner A. Gangadharan, 211/2C4A. Iduvai Post, Tiruppur 641 687.

..Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, praying to direct the learned Principal District Judge, Tiruppur, to take up and dispose of Arbitration O.P.No.175 of 2023 within a time frame to be fixed by this Honble Court and thus render justice.

For Petitioner(s):

MR.P.VALLIAPPAN SENIOR COUNSEL FOR MR.M.ARUN

ORDER

This petition has been filed seeking direction for early disposal of Arb.O.P. No.175 of 2023 pending on the file of the Principal District Judge, Tiruppur.

2. The learned counsel for the petitioner submitted that the said petition was filed in the year 2023 and that the respondents have already entered appearance and filed their counter objections.

3. The petitioner had filed the Arbitration Original Petition seeking an order restraining respondents 1 to 3, or any person claiming through or under them, from entering upon the petition-mentioned property for the purpose of removing the stocks, machinery, records, assets and books of accounts belonging to the 4th respondent firm. The petitioner had also sought

appointment of an Advocate Commissioner to visit the business premises of the 4th respondent firm and take inventory of the stocks, machinery, records, assets and books of accounts available therein, so as to record the present status of the 4th respondent firm.

4. An Advocate Commissioner was also appointed. However, he was unable to fully execute the warrant. In the meanwhile, a suit in C.O.S. No.20 of 2023 came to be filed by the respondents against the revision petitioner. Thereafter, no substantial progress was made in Arb.O.P. No.175 of 2023. A perusal of the e-Courts status also reveals that the Trial Court has been repeatedly adjourning the matter, seeking clarification.

5. Considering the submissions made, it is seen that, according to the revision petitioner, the respondents are attempting to remove the machinery from the premises. The Advocate Commissioner had already visited the property and, as per the report submitted by him, he inspected the premises for nearly three hours, recorded the availability of the machinery through videography, and also noted that the books of accounts and other records were kept in a locked room.

6. Therefore, considering the nature of the dispute and the pendency of the matter from the year 2023, the Trial Court is directed to dispose of Arb.O.P.

No.175 of 2023 on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. There shall be interim order restraining respondents from removal of machineries, stocks and assets from the subject premises as described in the schedule of the properties, pending disposal of Arb.O.P.No.175 of 2023.

8. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 28-04-2026 Index: Yes/No Speaking/Non-speaking order MPA To

1. The Principal District Judge, Tiruppur.

2. The Section Officer, VR section, High Court of Madras.

T.V.THAMILSELVI, J.

MPA and CMP.No.11267 of 2026 28-04-2026