Thiruvikraman v. Nagarathinam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.R.P.No.4035 of 2024 and C.M.P.No.22172 of 2024 Thiruvikraman .. Petitioner

Versus

1.Nagarathinam 2.The Deputy Director ESI, Gorimedu Puducherry .. Respondents Prayer:- Civil Revision Petition filed under Section 115 of Code of Civil Procedure, 1908, to set aside the order dated 21.02.2024 made in EP.No.263 of 2023 in O.S.No.1 of 2022 (CNR.No.PYPY04-001506-2023) on the file of the Principal Sub Court, Puducherry For Petitioner :

Mr.Sai Shankar For Respondents :

No appearance for R1 Mr.V.Vasanthakumar for R2 Additional Government Pleader (Pondy)

ORDER

Challenge has been made to the order of the attachment.

2. Execution Petition has been filed by the first respondent for enforcing the decree passed in his favour in O.S.No.1 of 2022. The suit has been filed based on promissory note and cheques said to have been issued by the revision petitioner. The suit has been decreed directing the defendant to pay a sum of Rs.2,45,600/- and thereafter interest at the rate of 9% p.a., on the principal amount of Rs.2,00,000/- from the date of the plaint till the date of decree and to subsequent interest at 6% p.a., on Rs.2,00,000/- from the date of the decree till the date of realisation.

3. To enforce the decree, EP was filed in EP.No.263 of 2023, wherein, the executing court has ordered attachment of the salary of the petitioner to the extent of 1/3rd share less Rs.1000 until recovery of Rs.2,92,630/- or for a period of 24 months whichever is earlier.

4. While passing an order of attachment, this Court is of the view that the Executing Court has followed the provisions stipulated under Section 60 of the of Code of Civil Procedure.

5. Therefore, I do not find any merits in this revision and accordingly,

this revision stands dismissed. No costs. Consequently, connected miscellaneous petition stands closed.

03.06.2025 Index : Yes/No Internet : Yes/No To, 1.The Principal Sub Judge Principal Sub Court, Puducherry 2.The Section Officer VR Section, Madras High Court N.SATHISH KUMAR, J.,

dhk C.R.P.No.4035 of 2024 03.06.2025