L.Maria Arockia Jegan v. L&T Finance Ltd, A Company

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2018

CORAM

THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU C.R.P. (MD) Nos. 1020 and 1021 of 2015 L. Maria Arockia Jegan ...Revision Petitioner/Respondent/ First Judgment Debtor in both C.R.P.s Vs.

L & T Finance Ltd., a Company, Incorporated under the provisions of the Companies Act, 1956, and having its registered office at L & T House, Ballard Estate, Mumbai - 400 001 and inter-alia Corporate Office at 3-B, Laxmi Towers, C-25, "G" Block, Bandra - Kurla Complex, Bandra (E), Mumbai - 400 051.

...Respondent/Petitioner/

Decree Holder in both C.R.P.s PRAYER in C.R.P. No. 1020 of 2015: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the execution proceedings in E.P. No. 91 of 2013 in Arbitration No. 281 of 2012 on the file of the District Judge of Kanyakumari District at Nagercoil in fair and decreetal order passed in Arbitration No. 281 of 2012 dated 23.05.2012 on the file of the sole Arbitrator Sir. Bharat B. Jain.

(Prayer amended vide Order dt.22/12/2014 made in MP 2/14 in CRP Sr.6819 by MDJ) PRAYER in C.R.P. No. 1021 of 2015: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the execution proceedings in E.P. No. 92 of 2013 in Arbitration No. 293 of 2012 on the file of the District Judge of Kanyakumari District at Nagercoil in fair and decreetal order passed in Arbitration No. 293 of 2012 dated 24.05.2012 on the file of the sole Arbitrator Sir. Bharat B. Jain.

(Prayer amended as per Order dt.22.12.14 made in MP 2/14 in CRP.Sr.6820/14 by MDJ) https://hcservices.ecourts.gov.in/hcservices/

For Petitioner :

Mr. S. Suresh Kumar in both C.R.P.s For Respondent :

Mr. S. Pon Senthil Kumaran in both C.R.P.s C O M M O N O R D E R Heard Mr. S. Suresh Kumar, Learned Counsel for the Petitioner and Mr. S. Pon Senthil Kumaran, Learned Counsel for the Respondent. 2.

Learned Counsel for the Petitioner submits that the orders impugned in the present Civil Revision Petitions arises from the execution proceedings in E.P. No. 91 of 2013 in Arbitration No. 281 of 2012 and E.P. No. 92 of 2013 in Arbitration No. 92 of 2013 in Arbitration No. 293 of 2012 on the file of the District Judge of Kanyakumari District, which have been dismissed for non prosectuion on 22.07.2016 and he has also made an endorsement to that effect, which is recorded.

3.

In these circumstances, as nothing survives for consideration, these Civil Revision Petitions are dismissed. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-II) To District Judge of Kanyakumari District.

Nagercoil.

+1cc to Mr. S. Pon Senthil Kumaran,Advocate Sr.No.95548 VJT MK/RSK/SAR2/05.12.2018/2P/3C C.R.P. (MD) Nos. 1020 and 1021 of 2015 15.11.2018 https://hcservices.ecourts.gov.in/hcservices/