Madras High CourtCRP(MD)/1701/2023dismissed for not pressed

Parthibarajan v. M/S.Equites Small Finance Bank Limited

2023-07-24Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.(MD) No.8487 of 2023 1.Parthibarajan 2.Bowllin Benitta 3.John Vinister ... Petitioners Vs.

M/s.Equites Small Finance Bank Ltd., (Formerly known as M/s.Equites Finance Ltd.), No.769, Spencer Plaza, 4th Floor, Phase II, Anna Salai, Chennai - 600 002 Represented by its Authorized person, S.Esai Selvam, S/o.E.S.Muthu, Deputy Manager Legal, Branch Office No.33/1D, 2nd Floor, Rajakamangalam Road, Ramanputhur, Chettikulam, Nagercoil, Kottar Post, Pin - 629 002, Nagercoil Village, Agasteeswaram Taluk, Kanyakumari District.

... Respondent Prayer:- This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Sub Court, Eraniel to number the Execution Page No. 1 of 4

Application vide E.A.SR.No.350 of 2023 in E.P.No.83 of 2022 in Claim Petition No.MA/ESFB/130/2021 and dispose of the same within a specified period.

For Petitioners : Mr.K.P.Narayanakumar For Respondent : Mr.G.Radhakrishnan

O R D E R

This Civil Revision Petition is preferred by the petitioners for a direction to the Sub Court, Eraniel to number the Execution Application in E.A.SR.No. 350 of 2023 filed by the petitioners in E.P.No.83 of 2022 in Claim Petition No.MA/ESFB/130/2021 and dispose the same within a specified period.

2. The above Execution Application was filed by the petitioners to provide them a copy of the Arbitration Award, based on which, the Execution Petition in E.P.No.83 of 2022 was filed by the respondent for attachment and sale of E.P. scheduled movable properties. The said Execution Application was returned by the Court below without numbering it. Therefore, the petitioners were constrained to file the present Civil Revision Petition.

3. Today, the learned counsel appearing for the respondent would submit that a copy of the Arbitration Award was already sent to the petitioners through Page No. 2 of 4

registered post. He also filed a typed set of papers enclosing the copy of the Arbitration Award dated 22.02.2022 and the postal receipt for sending the Award copy to the petitioners. Further, he gave a copy of Arbitration Award to the learned counsel appearing for the petitioners.

4. In view of the above, nothing survives for consideration in the present Civil Revision Petition. Therefore, this Civil Revision Petition is dismissed as not pressed. No cost. Consequently, connected Miscellaneous Petition is closed.

24.07.2023 Internet : Yes/No NCC : Yes/No jen To The Judge, Sub Court, Eraniel.

Page No. 3 of 4

K.GOVINDARAJAN THILAKAVADI, J.

jen and C.M.P.(MD) No.8487 of 2023 24.07.2023 Page No. 4 of 4