Sugumar Arumugam v. M/S.Shriram Finance Ltd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24/10/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and CMP(MD)No.17115 of 2025

1. Sugumar Arumugam,

2. S.Devi, ... Petitioners Vs M/s.Shriram Finance Ltd, Formerly Known as Shriram City Union Finance Limited, Rep. by its Branch Manager No.123, Angappa Naicken Street Chennai -600001.

Having its zonal office at No.5-M, 2nd floor, Ramachandrapuram, 11th cross, Tennur, Trichy -1.

... Respondent PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India to call for the records and set aside the returning order of the reopen application in E.A.No. of 2025 in E.P.No. 72 of 2023 on the file of Third Additional District Court, Tiruchirappalli pursuant to award 1/4

dated 24.11.2022 in Arbitration A.C.P. TF No. 438/2022 and direct the executing court to take the application on file and allow this Revision with costs through.

For Petitioner : Mr. H.Lakshmi Shankar, Advocate.

ORDER

This Civil Revision Petition is filed to call for the records and set aside the returning order of the reopen application in E.A.No.-- of 2025 in E.P.No. 72 of 2023 on the file of the III Additional District Court, Tiruchirappalli, pursuant to award dated 24.11.2022 in Arbitration A.C.P. TF No. 438/2022 and direct the executing court to take the application on file.

2. The petition had been filed seeking to reopen the execution petition in which arguments were heard and posted for orders on 25.10.2025.

3. Learned counsel for the petitioners would submit that only after the execution petition is reopened, he would be able to file an application under Section 47 of CPC.

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4. This Court is of the view that even without reopening the execution petition, which is posted for orders, an application under Section 47 of CPC is maintainable.

5. With the above observation, this Civil Revision Petition is dismissed, with liberty to the petitioners to file an application under Section 47 of CPC, if they are so advised and if such an application is filed, the same shall be taken on file and decided on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition stands closed.

24.10.2025 NCC : yes / no Index : yes / no Internet : yes / no Note: Issue order copy on 24.10.2025 pnn To

1. The III Additional District Judge, Tiruchirappalli.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.KUMARESH BABU, J.

pnn

ORDER

IN and CMP(MD)No.17115 of 2025 Date : 24/10/2025 4/4