R.Ravinder Kumar v. S.Brighton

A.No. 5725 of 2025 in E.P.DR.No.176384 of 2025 MASTER 28.11.2025

ORDER

1. The above application is filed by the petitioner / decree holder seeking permission to file simultaneous execution petition. The case of the petitioner is that he has got a decree for recovery of amount of Rs.85,65,985.64 along with interest on the sum of Rs.80,11,389 @ 6% per annum from 17.08.2015 and the decree was passed on 17.08.2015 in CS.No.796 of 2014. The respondent having received the summons in CS No.796 of 2014 failed to appear and contest the suit and so an exparte decree was passed. The respondent have failed to satisfy the decree and so the applicant herein has filed E.P.No.96 of 2015 and the decree was duly transmitted to the Additional District Judge, Kanchipuram in E.P.No.81 of 2016 which is still pending.

2. Meanwhile, the applicant came to know about the respondent / Judgment debtor involved in medical equipments and medical lab business in the name and style M/s. Rado Labs Private Limited Company and so he filed E.P.No.37 of 2023 before this Hon'ble Court for attach and sale of movable properties which is still pending and the delay caused by the Judgment debtor is causing serious prejudice to the applicant who is a senior citizen. The Judgment debtor having not filed any appeal against the Judgment and decree dated 17.08.2015 is willfully neglecting to satisfy the decree. Therefore, this https://www.mhc.tn.gov.in/judis

present application to file simultaneous execution petition for civil arrest of the Judgment Debtor.

3. Considering the year in which the decree was passed, the conduct of the Judgment debtor and the need for effective enforcement, this court is of opinion that granting simultaneous execution is justified and not oppressive. Accordingly, this application is allowed.

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