Vadasery Handloom Weavers v. Mrs.M.L.Subala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.821 of 2018 Vadasery Handloom Weavers Co-operative Society Limited No.Y-2183, Ravi Varman New Street, Vadasery, Nagercoil, Represented by its Managing Director ... Petitioner/3rd Defendant Vs.
1.C.Subala 2.C.Mathusoothanan 3.C.Kuttalam ... Respondents 1 to 3/ Plaintiffs 4.The Director, Handloom and Textiles, Kuralakam, Chennai-108.
5.The Assistant Director, Handloom and Textiles, Water Tank Road, Nagercoil.
... Respondents 4 & 5/ Defendant 1 & 2 1/6
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, as against the fair and decreetal order passed in O.S.No.88 of 2014, dated 24.02.2015 on the file of the learned Principal Subordinate Judge, Nagercoil.
For Petitioner : Mr.S.M.Mohan Gandhi For R-1 to R-3 : Mr.N.Dilip Kumar For R-4 & R-5 : Mr.T.Villavan Kothai Additional Government Pleader
ORDER
The present revision petition has been filed challenging the judgment and decree passed in O.S.No.88 of 2014, dated 24.02.2015 on the file of the Principal Sub Court, Nagercoil.
2. One Chithambarathanu Pillai was working as a Manager in the revision petitioner Co-operative Society. He passed away while in service and his terminal benefits were not disbursed. The legal heirs of deceased Chithambarathanu Pillai had filed the above said suit as against the Co-operative Society and the Director and the Assistant Director of 2/6
Handlooms and Textiles seeking a recovery of a sum of Rs.6,45,520/- with future interest. After contest, the suit was decreed on 24.02.2015. Alleging non compliance of the decree, the decree holders had filed E.P.No.46 of 2016.
3. While the execution proceedings were pending, the judgment debtor had filed the above revision petition challenging the judgment and decree. In view of the above said decree, pending revision petition, this Court by an order, dated 17.03.2022 had directed the Co-operative Society to pay a sum of Rs.2,91,075/- along with interest at the rate of 6% from 18.11.2014. The said payment should be made on or before 18.04.2022. In partial compliance with the said order, the Society has deposited certain amounts in E.P.No.46 of 2016 and a Memo of calculation has been filed before this Court. A perusal of the said calculation Memo indicates that, the Society has only deposited the principal amount, namely, Rs.2,91,075/- and not interest as directed in paragraph No.4 of the orders of this Court, dated 17.03.2022. 3/6
4. The facts captured above will further indicate that without filing a regular appeal under Section 96 of Civil Procedure Code, the present revision petition has been filed challenging the judgment and decree. The judgment debtor has not made out any extraordinary grounds to invoke the jurisdiction of the Court under Article 227 of the Constitution of India to set aside the judgment and decree, dated 24.02.2015 passed the above said suit.
5. The learned Counsel appearing for the revision petitioner had contended that the suit is not maintainable in view of Section 156(3) of Co-operative Societies Act. A perusal of the decree indicates that the same has been passed not after adjudication but upon a compromise entered into between the parties and therefore, such a contention cannot be raised at this length of time.
6. Considering the above said fact, this Court is not inclined to entertain the revision petition and the same stands dismissed. The decree holder is at liberty to proceed further in the execution proceedings in 4/6
accordance with law.
7. This Civil Revision Petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
11.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Principal Subordinate Judge, Nagercoil.
2.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.
3.The Director, Handloom and Textiles, Kuralakam, Chennai-108.
4.The Assistant Director, Handloom and Textiles, Water Tank Road, Nagercoil.
5/6
R.
VIJAYAKUMAR , J.
BTR Order made in 11.06.2024 6/6