Madras High CourtCMP(MD)/3823/2020ordered

Margadarsi Chits Pvt.Ltd., v. P.Ravichandiran

2022-03-15Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMP(MD) No.3823 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMP(MD) No.3823 of 2020 IN CRP(MD) No.478 of 2019 MARGADARSI CHITS PVT.LTD., REP.BY ITS FOREMAN P.CHANDIRABABAU, O/O.19, A.A.ROAD, GNANAOLIVUPURAM, MADURAI-625016.

... PETITIONER/1st RESPONDENT Vs

1. P.RAVICHANDIRAN

2. R.JEYASREE ... RESPONDENTS/PETITIONERS 1,2

3. SUBBULAKSHMI ... RESPONDENT NO.3/RESPONDENT NO.2 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioner to withdraw the balance of 10% amount of Rs.2,02,070/- deposited by the respondent 1 and 2 in E.P.No.37/2018 in C.D.No.45/2016 on the file of IV Additonal District Judge, Madurai by its order of this Honourabele Court dated 09.08.2019. PRAYER IN CRP(MD) No.478 of 2019 :

Pleased to order to allow the civil revision petition by setting-aside the fair and executable order of court auction sale dated 28.01.2019 passed in E.P.No.37/2018 in C.D.No.45/2016 on the file of the Hon'ble 4th Additional District Judge, Madurai. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.DEVARAJ, Advocate for the petitioner and of MR.G.PRABHU RAJADURAI, Advocate on behalf of the Respondents, the court made the following order:- This Civil Miscellaneous Petition is filed to permit the petitioner to withdraw the balance 10% amount of Rs.2,02,070/- deposited by the 1st and 2nd respondents in E.P.No.37 of 2018 in C.D.No.45 of 2016 on the file of the IV Additional District Judge, Madurai.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3823 of 2020 2.Heard both sides and perused the records.

3.Since decree already confirmed, and the award amount is deposited in the Execution Court, the petitioner is permitted to withdraw the balance 10% of the deposited amount with proportionate accrued interest and costs, by filing appropriate application before the Tribunal.

sd/- 15/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE 4TH ADDITIONAL DISTRICT JUDGE, MADURAI.

+1 CC to M/s.R.DEVARAJ, Advocate ( SR-2042[I] dated 15/03/2022 )

ORDER

IN CMP(MD) No.3823 of 2020 IN CRP(MD) No.478 of 2019 Date :15/03/2022 USK/PN/SAR-I/15.03.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2