Madras High CourtCMP(MD)/4911/2017ordered

Umaiorupagam v. C.Vijayapandian

2017-06-13Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CMP(MD) No.4911 of 2017 IN CRP(MD) No.551 of 2017 1 UMAIORUPAGAM 2 SIVARAMAKRISHNAN ... PETITIONERS/PETITIONERS/PETITIONERS Vs C.VIJAYAPANDIAN ... RESPONDENT/RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of extension of time to comply with the condition imposed by this Honourable Court in CMP.NO.2526 of 2017 in CRP.NO.551 of 2017 dated 16/03/2017 by granting further time of 90 days by extending the 2nd instalment from 15/06/2017 to 31/07/2017 and the 3rd instalment to be extended from 30/07/2017 to 15/09/2017. Prayer in CRP(MD). 551/ 2017 :

The petition order in EP.No.17 of 2015 in OS.No.26 of 2010, on the file of Principal District Court, Thoothukudi dated 06/02/2017 is unjust, illegal, incompetent and against the provision of the Act and in any even is liable to be set aside.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.RAGHAVACHARI, Advocate for the petitioner and of MR.M.VENKATASESHAN, Advocate(Caveator) for the Respondent the court made the following order:- In continuation of the orders passed by this Court on 16.03.2017, the present miscellaneous petition is filed by the revision petitioner seeking extension of time by 90 days to discharge the entire debt amount.

2.According to the revision petitioners, in compliance with the order passed by this Court on 16.03.2017, they have paid Rs.5,00,000/- on 30.03.2017 and another Rs.5,00,000/- on 30.04.2017 as against the total debt of Rs.25,53,810/-. Subsequent to the orders passed by this Court, they have paid Rs.10,00,000/- and the balance amount of Rs.15,53,810/- is supposed to be cleared in next two installments by 15.06.2017 and 30.07.2017. However, due to certain difficulty in registering the property which the revision petitioners have entered into agreement to sell, it is difficult for https://hcservices.ecourts.gov.in/hcservices/

them to pay the balance amount within the time stipulated in the order passed by this Court.

3.After hearing the counsel for the respondents, this Court is of the view that since the petitioners have shown bona fide by tendering substantial amount towards their debt, some more breathing time may be given to clear off the debt. Accordingly, the time for clearing the entire debt is extended to 31.08.2017. By 30.07.2017, the revision petitioner is directed to pay atleast 50% of the balance amount and remaining to be cleared off by 31.08.2017 with interest. It is made clear that no further extension of time will be granted.

This miscellaneous petition is allowed accordingly. sd/- 13/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE THOOTHUKUDI

ORDER

IN CMP(MD) No.4911 of 2017 IN CRP(MD) No.551 of 2017 Date :13/06/2017 SMA/KK/SAR-2/16.06.2017:2P/2C https://hcservices.ecourts.gov.in/hcservices/