D. J. Gunaseelan v. Shriram Chits Tamilnadu Pvt Ltd
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN D.J.Gunaseelan ... Petitioner Vs.
1.Shriram Chits Tami Nadu Pvt., Ltd., rep., by it Managing Director, Balavinayagar Koil Street, Tuticorin.
2.P.Arumugam 3.Stella Gunaseelan ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the return docket order dated 25.02.2026 in unnumbered E.A.S.R.No.2835 of 2026 in E.P.No.56 of 2017 in C.C.No.119 of 2006 on the file of the learned Principal District Judge, Tirunelveli and number the same.
For Petitioner : Mr.K.Rajeshwaran For R1 : Mr.B.Sekar
ORDER
The civil revision petitioner is the judgment-debtor in E.P.No.56 of 2017 on the file of the Principal District Court at Tirunelveli. Earlier, a 1/7
revision arose between the parties in C.R.P(MD).No.594 of 2018. In the said proceedings, this Court granted stay of all further proceedings in E.P.No.56 of 2017, on the condition that the judgment-debtor will deposit a sum of Rs.10,00,000/- within a period of four weeks from the date of receipt of a copy of the stay order. This order was passed on 05.04.2018. 2.The petitioner deposited the amount of Rs.10,00,000/- in the following manner:- (i)Rs.5,00,000/- on 24.04.2018;
(ii)Rs.1,00,000/- on 18.09.2018;
(iii)Rs.1,00,000/- on 01.04.2019 and (iv)Rs.3,00,000/- on 04.04.2019.
In all, he had deposited a sum of Rs.10,00,000/- to the credit of the E.P.No.56 of 2017.
3.Subsequently, the judgment-debtor and decree-holder entered into negotiations and reached a full and final settlement. After the payment of the amount, the decree-holder issued a letter on 10.02.2026 stating that no amounts are due from Mr.Gunaseelan, the judgmentdebtor. On the strength of the said letter, E.P.No.56 of 2017 stood terminated.
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4.As the amounts have been deposited to the credit of E.P.No.56 of 2017 and since the EP amount itself had been settled, the judgmentdebtor filed an application to withdraw the amount of Rs.10,00,000/- together with the accrued interest in E.A.S.R.No.2835 of 2026 dated 16.02.2026. This application came to be returned by the learned Principal District Judge, stating that, while deposit of the amount had been permitted by the High Court by its order dated 05.04.2018, withdrawal of the same had not been permitted. Hence, the petitioner is before this Court.
5.When the matter came up for admission, I called upon Mr.K.Rajeshwaran to serve the papers on Mr.B.Sekar, the Standing Counsel for the decree-holder. I also requested Mr.B.Sekar to get instructions from the decree-holder as to whether the full satisfaction included the amount of Rs.10,00,000/- deposited by the judgment-debtor, or it was a separate transaction.
6.Mr.B.Sekar has obtained written instructions from the Branch Manager/ Authorized Signatory of the decree-holder. The same is scanned and extracted hereunder:- 3/7
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7.A perusal of the letter issued to the counsel for the decree-holder indicates that the sum of Rs.10,00,000/- deposited by the judgmentdebtor to the credit of E.P.No.56 of 2017 was not the subject matter of the settlement. The judgment-debtor has satisfied the decree independently of the said deposit. The decree-holder has also stated that it has no objection to the judgment-debtor to withdraw the amount so deposited. 8.That being the position, there shall be a direction to the learned Principal District Judge to number E.A.S.R.No.2835 of 2026 in E.P.No.56 of 2017 and transfer the deposited amount together with any accrued interest to the account of the judgment-debtor furnished in paragraph No. 5 of the affidavit filed in support of EA. As Mr.
Sekar has produced the written instructions, which have been scanned herein, the learned Judge need not issue fresh notice in the application to the decree-holder for the purpose of ascertaining its views. This is more so, when the counsel for the decree-holder has made an endorsement of 'No Objection' on the petition itself on 16.02.2026. The 'No Objection' tendered before this Court will enure in favour of the judgment-debtor even before the trial Court.
9.With the above directions, this Civil Revision Petition is allowed. No costs.
09.04.2026 NCC:Yes/No Index:Yes/No Rmk Note to Registry: The Original of E.A.S.R.No.2835 of 2026 shall be returned to Mr.K.Rajeshwaran on making the usual endorsement.
To:- 1.The Principal District Judge, Tirunelveli. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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V. LAKSHMINARAYANAN, J.
Rmk C.R.P.(MD)No.991 of 2026 09.04.2026 7/7