Dismissed

Mr.S.Mohanavadivelan v. Shriram Chits Funds Union

Madras HC5 Jan 2017CRP/4083/2016

Case brief

AI extract

What is this about?

This is a Civil Revision Petition under Article 227 of the Constitution challenging an order allowing execution proceedings for attachment of property based on an unchallenged ex-parte arbitral award. The High Court rejected the petitioners' arguments regarding discrepancy in award amounts and dismissed the revision.

What did the court decide?

The Civil Revision Petition is dismissed at the stage of admission. Connected Miscellaneous Petition is closed.

Mr.S.Mohanavadivelan Vs Shriram Chits Funds Union — Execution and Attachment | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.01.2017

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CORAM

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THE HONOURABLE MS.JUSTICE R.MALA

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Civil Revision Petition (NPD) No.4083 of 2016 and C.M.P.No.20662 of 2016

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1.Mr.S.Mohanavadivelan 2.Mr.K.Venkatesan 3.Mr.T.Rajendran

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... Petitioners

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..Vs..

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Shriram Chits Funds Union Finance Limited, No.123, Angappan Naicken Street, Chennai - 600 001. Rep.by its Authorized Representative Mr.D.Senthil Kumaran

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... Respondent

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Prayer: This Civil Revision Petition has been filed under Article 227 of Constitution of India, against the fair and decreetal order dated 24.10.2016 made in E.P.No.1751 of 2014 in A.C.P.(SUCF/EF) No.RK.375 of 2013 on the file of the IX Assistant City Civil Court at Chennai.

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For petitioner : Mr.K.Mohan

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O R D E R

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Challenging the impugned order passed on 24.10.2016 in

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E.P.No.1751 of 2014 for arbitration attachment in E.P. Application, the present revision petition has been filed.

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At the time of admission, arguments of the learned counsel for the petitioner, are heard in length. The learned counsel for the petitioners would submit that there was arbitration proceedings against the petitioners. But arbitration award has been passed, which has not been challenged, but they have not repaid the award amount. Hence the respondent herein has filed the E.P for attachment of the property.

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After heard both sides, the Court below allowed the E.P., against which the present revision petition has been preferred by the petitioners.

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The learned counsel appearing for the petitioners would further submit that the petitioners wanted to settle the award amount. He further submitted that the amount actually to be paid as worked out in the E.P. is Rs.2,99,466/-, but the petitioners are ready to pay only Rs.2,18,345/-, being the amount awarded by the Arbitrator, which fact was not considered by the trial Court in proper perspective.

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Considering the arguments and also the entire case papers and

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the petitioners being the subscribers having taken a chit as a successful bidder, at the time for payment of prize money, they have executed a loan agreement for payment of subsequent chit subscription. Since the petitioners were irregular

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in payment of instalments, the matter was placed before the Arbitrator who passed an ex-parte award on 30.08.2013. It is stated by the petitioners that since they have met with an accident, they have not appeared before the Arbitrator. Admittedly, it is not the case that after the award has been passed on 30.08.2013, they have filed any application to set aside the said ex-parte award dated 30.08.2013, which has been considered by the executing court in paragraph 8 of the order. The petitioners have not filed any application to set aside the ex-parte award, after filing the E.P.No.1751 of 2014 till the said E.P. was disposed of 24.10.2016. It is not their case to show that to prove their bona-fides, they have paid a part of the decree amount. These petitioners were filed to prevent the decree holder/respondent to enjoy the fruits of the decree. The order passed by the Executive Court does not warrant any interference with the impugned order.

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Hence, the Civil Revision Petition is dismissed at the stage of admission. No costs. Consequently, connected Miscellaneous Petition is closed.

05.01.2017

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The IX Assistant City Civil Court, Chennai.

R.MALA,J.,

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CRP(NPD)No.4083 of 2016

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05.01.2017

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http://www.judis.nic.in

Mr.S.Mohanavadivelan v. Shriram Chits Funds Union

Case brief

What is this about?

What did the court decide?

Mr.S.Mohanavadivelan v. Shriram Chits Funds Union

Case brief

What is this about?

What did the court decide?

What the court decided

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