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Madras High CourtCRP/76/2013closed

M.P.Paramaguru v. M/S Sree Gokulam Chit

2016-03-02Honourable Dr. Justice S. Vimala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2016

CORAM

THE HONOURABLE Dr.JUSTICE S.VIMALA CRP (NPD) No.76 of 2013 and M.P.No.1 of 2013 1.M.P.Paramaguru S/o.Premkumar No.252, S.S.Puram, Bricklin Road, Purasaiwalkam, Chennai - 600 007.

2.M.Palani, No.1/42, Venkatachalam Street, Purasaiwalkam, Chennai - 600 007.

3.S.Venkatesh No.67, S.S.Puram, B Block, Purasaiwalkam, Chennai - 600 007.

4.M.Kalaivendan No.149/13, S.S.Puram, Purasaiwalkam, Chennai - 600 007.

.. Petitioners Vs Sri Gokulam Chit & Finance Co. (P) Ltd., No.49, Arcot Road, Kodambakkam, Chennai - 600 024.

.. Respondent Prayer:- Civil Revision Petition filed under Section 115 of Civil Procedure Code praying to set aside the order dated 19.12.2012 passed by the X Assistant Judge, City Civil Court, Chennai in E.P.No.1628 of 2012 in ARB.395/2010 on the file of the Arbitrator

Central Chennai, Chit Fund Cases, Chennai, against the petitioners/judgment debtors and allow the Civil Revision Petition. For Petitioners :Mr.C.Jayaprakash For Respondent :Mr.L.Rajasekar

ORDER

The Execution Petition in E.P.No.1628 of 2012 in ARB.395/2010 on the file of the X Assistant City Civil Court, Chennai, was filed by the decree holder, based upon the Arbitration Award.

1.1. The X Assistant Judge, City Civil Court, Chennai, has ordered attachment and sale of movables of the judgment debtors 1 to 4 worth Rs.1,60,000/-.

2. The judgment debtors filed the revision petition, challenging this order.

3. Now, it is represented that the matter has been settled between the parties and the judgment debtors have paid the amount due to the decree holder .

3.1. It is represented that the revision petitioners have deposited a sum of Rs.85,000/- to the credit of the Execution

Petition in E.P.No.1628 of 2012; and as the decree amount has already been paid by the judgment debtors to the decree holder, this amount of Rs.85,000/- is repayable to the judgment debtors and as such the judgment debtors are permitted to withdraw the same.

4. Recording the compromise entered between the parties, the Execution Petition in E.P.No.1628 of 2012 in ARB.395/2010 on the file of the X Assistant City Civil Court is closed and the revision petition is also closed. No costs. Consequently, connected miscellaneous petition is closed.

02.03.2016 ds To:

The X Assistant Judge, City Civil Court, Chennai.

S.VIMALA,J.

ds CRP (NPD) No.76 of 2013 02.03.2016