The Managing Director v. M.Mathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2016

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA C.R.P. (Npd) No.246 of 2016 and C.M.P.No.1193 of 2016 The Managing Director, TNSTC (Villupuram) Ltd, 3/137, Salamedu, Vazuthareddy, Villupuram 605 602 ... Revision Petitioner/Judgment Debtor Respondent Vs.

M.Mathan ... Respondent/Decree Holder/ Petitioner Civil Revision Petition filed under Article 227 of Constitution of India against the order passed by the learned Principal Subordinate Judge, Tindivanam in E.P.No.25/2015 dated 12.04.2016 passed for recovery of the award amount passed in M.C.O.P.no.219/2009 dated 24.08.2012, on the file of the I Additional District Court, Tindivanam.

For Petitioner : Mr.P.Paramasiva Doss For Respondent : Mr.S.Madhar Khan

O R D E R

This Civil Revision Petition has been filed challenging the order of attachment passed by the Principal Subordinate Judge, Tindivanam in E.P.No.25 of 2015 dated 12.01.2016.

2. The E.P.No.25 of 2015 has been filed seeking enforcement of the order of compensation awarded at Rs.4,13,237/- payable with interest and costs to the respondent herein.

3. Heard both the learned counsel for the petitioner/respondent. 4.This Court by an order dated 28.01.2016, has granted an order of interim stay on condition that the petitioner-Transport Corporation shall deposit the entire award amount together with accrued interest and costs to the credit of E.P.No.25 of 2015 in M.C.O.P.No.219 of 2009, on the file of the Principal Sub Court, Tindivanam, within a period of two weeks from the date fo receipt of a copy of the order.

5. The said order has not been complied with by the petitionerTransport Corporation.

6. The learned counsel for the petitioner seeks extension of time to comply with the order dated 28.01.2016. No further extenstion can be granted as the award (compensation) pertains to an accident claim, payable to the injured.

7. The learned counsel for the respondent submits that on account of grievious injury substained by the respondent, sufferings are manifold and grant of further time would add to the sufferings of the respondent.

8. When the decree itself is of the year 2012, there is no justification in grant of further time to the petitioner.

9. Grounds of CRP perused. The grounds do not make out that the order of attachment is perverse or illegal.

10. In view of the same, this Civil Revision Petition is disposed of by directing the Petitioner- Transport Corporation to deposit the entire award amount together with accrued interest and costs, to the credit of E.P.No.25 of 2015 in M.C.O.P.No.219 of 2009, within a period of eight weeks from today i.e.on or before 16.06.2016, without fail and without seeking further extension of time. No costs. Consequently, connected Miscellaneous Petition is closed. 28.04.2016 arr Note: Issue order copy on 28.04.2016.

S.VIMALA, J arr To

1. The Principal Subordinate Judge, Tindivanam 2.The I Additional District Court, Tindivanam. C.R.P. (Npd) No.246 of 2016 28.04.2016 28.04.2016