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Madras High CourtCRP/4769/2024dismissed

P.K.Senthilkumar v. Sri Gokulam Chit Finance And Company (P) Ltd

2024-11-25Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.R.P.No.4769 of 2024 P.K.Senthilkumar .. Petitioner

Versus

Sri Gokulam Chit Finance & Company (P) Ltd Represented by its Authorised Agent and Legal Assistant M.Jelani Basha No.49, Arcot Road Kodambakkam, Chennai - 600 024 .. Respondent Prayer:- Civil Revision Petition filed under Section 115 of Code of Civil Procedure, 1908, to set aside the decree and order dated 30.09.2024 passed in E.P.No.4061 of 2011 on the file of the learned IX Assistant City Civil Court, Chennai For Petitioner :

Mr.S.Nagarajan

ORDER

Challenge has been made to the order dated 30.09.2024 passed by the Executing Court passing attachment in the EP proceedings.

2. The award has been passed by the arbitrator under the Chit Funds Act directing the revision petitioner to pay a sum of Rs.1,63,739/-. The said award has been put into execution in E.P.No.4061 of 2021. In the EP, stand has been taken that the award has been challenged before the appellate authority and the same is pending. Therefore, objected for attachment. The Executing Court has passed an order of attachment. Challenging the said order, this revision.

3. Heard the learned counsel for the petitioner and perused the materials placed on record.

4. At the outset, this Court is of the view that the present revision petition is not maintainable for the simple reason that merely because the appeal is pending as against the arbitral tribunal that cannot be a ground to set aside the order of the Executing Court. Unless stay is granted by the appellate authority, mere filing of appeal will not amount to automatic stay. Therefore, it cannot be said that attachment is bad in the eye of law. The petitioner is directed to work out his remedy before the Executing Court.

5. Such view of the matter, I do not find any merits in this revision and this revision stands dismissed. No costs. 25.11.2024 Index : Yes/No Internet : Yes/No dhk

N.SATHISH KUMAR, J., dhk To, 1.The IX Assistant Judge IX Assistant City Civil Court, Chennai C.R.P.No.4769 of 2024 25.11.2024