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Madras High CourtCRP/2156/2017dismissed

K.Deepa v. M/S Ran Muthusamy Mudaliar

2021-02-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.10339 of 2017 1.K.Deepa 2.S.Karthikeyan

...Petitioners

Vs.

M/s RAN Muthusamy Mudaliar Chit Funds and Finance (P) Ltd., Rep. by its Foreman A.Shanmugam 35-B, Easwaran Koil Street, Erode- 638 001.

...Respondent

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 30.09.2015 made in E.P.No.28 of 2015 in Arbitration Case No.16 of 2014 on the file of the learned Principal District Court, Erode.

For Petitioners : Mr.N.S.Sivakumar For Respondent : Mr.D.Ravichander

O R D E R

This Civil Revision Petition is directed as against the fair and decretal order dated 30.09.2015 made in E.P.No.28 of 2015 in Arbitration Case No.16 of 2014 on the file of the learned Principal District Court, 1/4

Erode, thereby ordered attachment of the property. 2.The petitioners are Judgment debtor and the respondent is the Judgment holder. In the arbitration proceedings initiated by the respondent, award was passed on 08.09.2014, thereby directed the petitioners to pay a sum of Rs.30,97,753/- with interest at the rate of 18%. On the strength of the said award, the respondent filed an execution petition in E.P.No.28 of 2014. The petitioners took a stand that the portion of the property can alone satisfy the award amount and as such the entire property need not be attached. Even then, the petitioners failed to show the portion of the property before the execution Court for attachment. However, while bringing the property for sale, value of the petition property was revealed in the sale proclamation.

3.Therefore, this Court does not finds any irregularity or infirmity in the order dated 30.09.2015 made in E.P.No.28 of 2015 in Arbitration Case No.16 of 2014 on the file of the learned Principal District Court, Erode.

4.Accordingly, this Civil Revision Petition stands dismissed. No 2/4

costs. Consequently connected miscellaneous petition is closed. 25.02.2021 Index:Yes/No Speaking Order: Yes/No Jer To The Principal District Court, Erode.

3/4

G.K.ILANTHIRAIYAN.J, Jer and C.M.P.No.10339 of 2017 25.02.2021 4/4