K.Krinapillai, v. The Senior Regional Manager
C.R.P.(PD)(MD)No.684 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2019 CORAM :
THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(PD)(MD)No.684 of 2011 and M.P.(MD) No.1 of 2011 K.Krishnapillai ... Petitioner/Judgment Debtor/Respondent Vs.
1. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Konam Nagercoil, Agastheeswaram Taluk, Kanyakumari District.
2.Tamil NaduCo-operative Marketing Federation Ltd., Rep by Regional Manager, Kandasamy Nagercoil Branch, Kanyakumari District.
... Respondents/Decree holder/Petitioner (R2 was impleaded as per order dated 21.07.2015 made in MP(MD)No.1 of 2012) PRAYER: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure against the Docket Order dated 07.02.2011 made in E.P.No. 9 of 2008 in O.S.No.142 of 1994 on the file of the I Additional Subordinate Judge, Nagercoil.
For Petitioner : No appearance For R1 : Mr.Arul Vadivel Sekar For R2 : Mr.J.Selvakumaran
O R D E R
This Civil Revision Petition is filed challenging the order passed in Execution Petition in E.P.No. 9 of 2008 by the I Additional Sessions Judge, Nagercoil.
2. The first respondent had obtained a decree against the revision petitioner herein in O.S.No.142 of 1993 for recovery of a sum of Rs.1,17,533.50/- together with interest at the rate of 6% per annum as the principal amount of Rs.50,686.50/- The decree holder/the first respondent had filed a execution petition subject matter of the present revision for recovery of a sum of Rs.1,83,869/-.
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C.R.P.(PD)(MD)No.684 of 2011
3. From the counter filed by the first respondent in the present revision petition, it appears that the first respondent realized a sum of Rs.1,35,000/- by invoking the bank guarantee executed by the revision petitioner/the judgment debtor in favour of the first respondent Corporation with the State Bank of India, Nagercoil . The said amount has not been adjusted out of the total amount recoverable from the decree holder. That apart, it is also informed that pursuant to the orders of this Court, while granting stay a sum of Rs.75,000/- has been paid to the credit of the execution proceedings by the decree holder.
4. In these circumstances, the decree amount appears to have been fully satisfied. Therefore, the revision petition is allowed. The full satisfaction in the execution proceedings is recorded and the attachment of the property shall stand raised. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) CM To The I Additional Subordinate Judge, Nagercoil. +1CC TO MR.T.SELVAKUMARAN, Advocate Sr. No.98112 +1CC TO MR.N.SIVAKUMAR, Advocate Sr. No. 98484 C.R.P.(PD)(MD)No.684 of 2011 and M.P.(MD) No.1 of 2011 13.11.2019 NA(CO) TR(05.12.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2