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Madras High CourtCRP/2428/2021disposed of

The Managing Director v. Sathya

2021-11-15Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2021 CORAM :

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN CRP(PD) No.2428 of 2021 and CMP.No.18449 of 2021 The Managing Director, Tamil Nadu State Transport Corporation Limited (salem), Dharmapuri.

... Petitioner Vs.

1.Sathya 2.Minor K.Gurudeep

...Respondents

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the petition and docket order dated 08.10.2021 made in R.E.A.SR.No.1275 of 2021 in REP.No.53 of 2020 in MCOP.No.383 of 2016 on the file of the Special District Court, Krishnagiri. For Petitioner :

Mr.D.Venkatachalam Page No.1 of 4

O R D E R

The complaint of the petitioner is that the Executing Court had returned the petition filed by the petitioner seeking to raise the attachment by order dated 17.06.2021 passed in R.E.P.No.53 of 2020 on the ground that the other side is to be served, despite an endorsement having been made by the counsel for the petitioner that the other side counsel has refused to receive notice.

2.Considering the fact that the petition has been returned without numbering, notice to the respondent at this stage deemed unnecessary. It is open to the counsel for the petitioner to send papers in the petition to raise attachment by Registered Post to the counsel for the claimants and re-file the petition with proof of such sending.

3.Upon such proof being filed, the Trial Court is directed to number the petition and proceed in accordance with law. The petition to be re-submitted within 10 days from today. The Trial Court is directed to dispose of the same within four weeks there from.

Page No.2 of 4

4.This civil revision petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 15.11.2021 kkn Index :Yes/No Internet:Yes/No Speaking Order:Yes/No Note.: Registry is directed to return the original petition to the counsel for the petitioner forthwith.

Note:Issue order copy on 23.11.2021.

To:- The Special District Court, Krishnagiri.

Page No.3 of 4

R.SUBRAMANIAN,J.

KKN CRP(PD) No.2428 of 2021 and CMP.No.18449 of 2021 15.11.2021 Page No.4 of 4