M/S.Bharath Aircon & Company v. Dr.N.Rajendran, Fismd,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.R.P.(MD)(PD)No.811 of 2017 and Crl.O.P.(MD)No.8772 of 2017 and C.M.P.(MD)No.3635 of 2017 and Crl.M.P.(MD)Nos.7424 of 2017 and 13873 of 2024 C.R.P.(MD)No.811 of 2017:- M/s.Bharath Aircon & Company, 59-A, M.K.Moopanar Road, Thanjavur-613 001.
... Petitioner -vs.- 1.Dr.N.Rajendran 2.M/s.Carrier Aircon Limited, Hariyana - 122 001.
3.M/s.Carrier Aircon Limited, Chennai.
4.M/s.Carrier Aircon Limited, Pondichery-605 017.
...Respondents
PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India to call for the records in Award, dated 26.12.2002 in C.O.P.No.44 of 2000 on the file of the Pudukottai District Consumer Redressal Forum and modify the same by excluding the petitioner from the joint liability fixed in the said award.
For Petitioner :Mr.C.Dhanaseelan For R1 :Mr.K.S.Kathiravan For R2 to R4 :Mr.J.P.Karunakaran CRL.O.P.(MD)No.8772 of 2017:- Dr.N.Rajendran ... Petitioner -vs.- 1.The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Inspector of Police, Thanjavur Town Police Station, Thanjavur.
3.T.Vellaichamy Nadar, Proprietor, Bharath Aircon and Company, Thnajavur.
...Respondents
(R3 was impleaded vide order of this Court, dated 17.08.2017 in Crl.M.P. (MD)No.7424 of 2017)
PRAYER : Criminal Original Petition is filed under Article 227 of Constitution of India respondents to execute the warrant issued by the District Consumer Disputes Redressal Forum, Pudukottai in D.No.22 of 2017 dated 13.02.2017 in E.A.No.3 of 2003 in C.C.No.44 of 2000 by arresting the opposite party Vellaichamy Nadar, Proprietor, M/s.Bharathi Aircon and Company, 590A, M.K.Moopanar Road, Thanjavur-613 003.
For Petitioner :Mr.C.Dhanaseelan For R1 and R2 :Mr.K.Gnanasekaran Government Advocate ***** COMMON ORDER When the matter is taken up for hearing, the learned Counsel appearing for the respondents 2 to 4 in C.R.P(MD)No.811 of 2017 submitted that as per the order of the District Consumer Disputes Redressal Forum, Pudukottai in D.No.22 of 2017 dated 13.02.2017, the entire award amount of Rs.3,40,710/- has been paid to the first respondent herein by way of demand draft bearing No.740871 dated 16.12.2024. The learned Counsel for the first respondent confirms the receipt of the same. In view of the entire amount being settled to the first respondent, the Civil Revision Petition is closed. The letter circulated by the learned Counsel for the respondents 2 to 4 will form part of this order.
2.In view of the entire amount being paid by way of a demand draft, as stated supra, the Criminal Original Petition to execute the warrant is also closed, as the entire case has come to an end. No further adjudication is required in the aforesaid Criminal Original Petition. 3.At this juncture, the learned Counsel for the respondents 2 to 4 submitted that the execution proceedings is now pending before the Consumer Court at Pudukottai. As the entire amount has been settled and the same is acknowledged by the first respondent, the first respondent shall file an application to withdraw the same and such exercise shall be completed within a period four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 06.01.2025 Internet :Yes/No NCC :Yes/No Index :Yes/No cmr
To 1.The Presiding Officer, The District Consumer Redressal Forum, Pudukottai. 2.The Superintendent of Police, Thanjavur District, Thanjavur.
3.The Inspector of Police, Thanjavur Town Police Station, Thanjavur.
N.SENTHILKUMAR, J.
cmr C.R.P.(MD)(PD)No.811 of 2017 and Crl.O.P.(MD)No.8772 of 2017 06.01.2025