Ceat Limited v. Savithri

CMP NO. 28017 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2024

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP NO. 28017 of 2024 AND AS NO. 1101 OF 2024 CEAT LIMITED REP BY ITS POWER AGENT MR.MENON, S/O.

K.P.BALAKRISHNAN NAIR, BLUE MOON CORAL APARTMENTS, NETHAJI NAGAR, KADAVANTHRA, COCHIN 682 020. NOW REP BY ITS AUTHORISED SIGNATORY, NO. 463, DR.ANNIE BESANT ROAD, WORLI, MUMBAI 400 030, MAHARASHTRA APPELLANT(S) Vs SAVITHRI W/O. RAGHU NO. 66, REDDY STREET, OOTHUKOTTAI TOWN, OOTHUKOTTAI TALUK, THIRUVALLUR DISTRICT. AND 9 OTHERS RESPONDENT(S) Prayer:- Civil Miscellaneous Petition filed under Section 151 of CPC, to grant interim stay of the judgement and decree dated 06.06.2024 in O.S.No.11 of 2018 on the file of the Additional District Court (FTC), Kanchipuram, till the disposal of the appeal. For Appellant(s):

ABISHEK JENASENAN APARAJITHA VISHWANATH SNEHA PARTHASARATHY For Respondent(s):

https://www.mhc.tn.gov.in/judis

ORDER

(Order of the Court was made by the Hon'ble R.Subramanian J.) We find that the suit in O.S.No.11 of 2018 has been decreed, granting a declaratory relief in favour of the plaintiffs. The decree, as such, is not an executable decree. Hence, this petition for interim stay of such decree cannot be maintained.

2. This petition is dismissed, with liberty to the petitioner to seek appropriate relief. (R.SUBRAMANIAN J.) (C.KUMARAPPAN J.) 16-12-2024 KV https://www.mhc.tn.gov.in/judis