Sivailango v. Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(NPD)(MD)No.1236 of 2025 and C.M.P(MD) No.6538 of 2025 N.Sivailango ... Petitioner/1st Respondent/ 1st Respondent Vs.

1. The Branch Manager, Dhanalakshmi Srinivasan Chit Funds Private Limited, NKA Tower First Floor, No.9237/2, Thandapanipuram Second Street, Pudukkottai - 622 001 ... 1st Respondent/Petitioner/ Petitioner

2. S.Devakumar

3. C.Vellaichamy

4. A.Sivanathan

5. T.Adaikalam

6. G.Anthonystephen

7. S.Sasikala ... Respondents 2 to 7/ Respondents 2 to 7/ Respondents 2 to 7 1/5

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to strike off the proceedings in E.P.No.203 of 2022 pending on the file of the learned Additional District and Sessions Court, Pudukkottai in A.R.C.No.47 of 2021 on the file of the District Registrar of Chits, Pudukkottai as illegal.

For Petitioner : Ms.A.Banumathy

O R D E R

The first respondent in E.P.No.203 of 2022 on the file of the Additional District and Sessions Court, Pudukkottai, has filed the present Civil Revision Petition to strike off the execution proceedings.

2. A perusal of the records reveal that based upon the award passed in A.R.C.No.47 of 2021 on the file of the District Registrar of Chits, Pudukkottai, the present execution proceedings have filed by the first respondent in the revision petition.

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3. According to the learned counsel appearing for the revision petitioner, challenging the above said award passed in A.R.C.No.47 of 2021, he has already filed an appeal before the Deputy Secretary to Government and enquiry was initially fixed on 26.03.2025 and it was adjourned to 17.04.2025 for filing counter by the first respondent/Chit funds Private Limited Company. In view of the pendency of the appeal proceedings, the present Civil Revision Petition has been filed seeking to strike off E.P.No.203 of 2022.

4. Pendency of an appeal would not be a ground to strike off E.P.No. 203 of 2022. Considering the fact that the first respondent herein has also entered appearance in the appeal proceedings, the Executing Court is directed to keep in abeyance the execution proceedings till 31.07.2025. In case, if the petitioner is not able to get an interim order or the appeal is not disposed by 31.07.2025, the executing Court is at liberty to proceed with in accordance with law after 31.07.2025.

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5. With the above said observations, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

21.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi Note: Issue order copy on 22.04.2025 To

1. The Additional District and Sessions Court, Pudukkottai.

2. The District Registrar of Chits, Pudukkottai.

3. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

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