Kalayarasi v. Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.R.P(MD)No.689 of 2024 Kalayarasi ... Petitioner Vs Branch Manager, ICICI Lombard General Insurance Company Limited, Madurai -10.

... Respondent Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the impugned returned order passed in unnumbered E.P.No.-- of 2023 in M.A.C.O.P.No.137 of 2019 dated 20.10.2023 on the file of the Principal District Court, Tirunelveli by allowing this Civil Revision Petition.

For Petitioner : Mr.R.Iyappan 1/4

ORDER

This Civil Revision Petition is filed to set aside the impugned returned order passed in unnumbered E.P.No.-- of 2023 in M.A.C.O.P.No.137 of 2019 dated 20.10.2023 on the file of the Principal District Court, Tirunelveli, by allowing this Civil Revision Petition.

2. An award was passed in M.A.C.O.P.No.137 of 2019 by Additional District Court (FTC), Tenkasi, on 15.10.2023. Thereafter, a petition in E.A.No.1 of 2023 was filed by this petitioner, seeking transmission of the decree to the Principal District Judge, Tirunelveli, for effecting the recovery. That came to be allowed and decree was transmitted. Thereafter, E.P.No.Unnumbered of 2023 was filed before the Principal District Court, Tirunelveli. That came to be returned with an endorsement "1.how this petition maintainable in this Court, 2.Non satisfaction certificate and abstract to be uploaded", against which this Civil Revision petition is preferred.

3. In view of the transmission, learned Principal District Judge, Tirunelveli, is only competent to execute the decree. There shall be a 2/4

direction to the learned Principal District Judge, Tirunelveli to process the E.P. and proceed in accordance with law.

4. With the above observation, this Civil Revision Petition is allowed. No costs.

15.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note : Registry is directed to return the original petition to the petitioner for further steps.

pnn To 1.The Principal District Judge, Tirunelveli. 2.Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN C.R.P(MD)No.689 of 2024 15.03.2024 4/4