The High Court of Madras dismissed a Civil Revision Petition filed under Section 115 CPC challenging an order closing an application to set aside interest under a final arbitral award, holding such issues cannot be raised during execution.
Civil Revision Petition dismissed. No order as to costs.
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C.R.P.(PD)No.2476 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2019
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.R.P.(NPD)No.2476 of 2014
and M.P.No.1 of 2014
1.V.Bhaskaran
2.V.Prema Bai
3.R.Vasudeva Rao ...Petitioners
vs.
Adhavan Chits (P) Ltd.,
Turaiyur Rep. by its
Foreman ...Respondent
Prayer: Civil Revision Petition filed under Section 115 of CPC,
against the order passed in E.A.No.35/10 in E.P.No.29/08 in Ar.O.P.No.31/2004 dated 1.10.13 on the file of the learned District
Munsif, Turaiyur.
For Petitioners : Mr.R.Singgaravelan
For Respondent : Mr.S.P.Hari Krishnan
ORDER
The instant Civil Revision Petition has been filed challenging the order dated 01.10.2013, passed by the learned District Munsif,
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Turaiyur in E.A.No.35 of 2010 in E.P.No.29 of 2008 in AR.O.P.No.31 of 2004.
Brief facts leading to the filing of the instant revision under Section 115 CPC :
2.The petitioners are the judgment debtors in E.P.No.29 of 2008 pending on the file of the District Munsif Court, Turaiyur. The said execution petition was filed by the respondent/plaintiff to execute the Award passed under the Chit Funds Act against the petitioners/judgment debtors. Before the executing Court E.A.No.35 of 2010 was filed by the petitioners/judgment debtors under Section 34 CPC read with 115 CPC to set aside the interest portion under the Award dated 27.06.2005 since the interest awarded is exorbitant interest and not in accordance with Section 34 of CPC. A counter was also filed by the respondent in E.A.No.35 of 2010 stating that the Award passed against the petitioners has become final as no appeal has been filed by the petitioners as against the said Award as per the provisions of the Chit Funds Act. Further, it is stated that since the Award has become final, the executing Court cannot go behind the Award and the only remedy available to the petitioners is to file an appeal as per the provisions of the Chit Funds Act.
3.By order dated 01.10.2013, the executing Court closed
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E.A.No.35 of 2010 since the petitioners made an endorsement.
4.Aggrieved by the order dated 01.10.2013, passed in E.A.No.35 of 2010 in E.P.No.29 of 2008 in AR.O.P.No.31 of 2004,
the instant Civil Revision Petition has been filed by the petitioners/judgment debtors under Section 115 CPC.
5.Heard Mr.R.Singgaravelan, learned counsel for the petitioner
and Mr.S.P.Hari Krishnan, learned counsel for the respondent.
6.Admittedly, the Award dated 27.06.2005 passed against the petitioners in favour of the respondent has attained finality as no appeal has been filed under the provisions of the Chit Funds Act by the petitioners. As rightly stated in the counter filed by the respondent in E.A.No.35 of 2010, once the Award has attained finality, the executing Court cannot go behind the said Award. The only contention raised by the petitioners in this revision is that the interest awarded under the Arbitral Award passed against the petitioners is exorbitant and not in accordance with Section 34 CPC.
All these issues cannot be raised at the execution stage.
7.This Court has also perused the Award passed in favour of
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the respondent against the petitioners and does not find any infirmity in the same. Therefore, there is no merit in this Civil Revision Petition.
8.Accordingly, the Civil Revision Petition shall stand dismissed.
However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
02.08.2019
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
pam
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C.R.P.(PD)No.2476 of 2014
To
The District Munsif, Turaiyur.
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C.R.P.(PD)No.2476 of 2014
ABDUL QUDDHOSE, J.
pam
C.R.P.(NPD)No.2476 of 2014
and M.P.No.1 of 2014
02.08.2019
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1 issue framed by the court
Whether issues regarding exorbitant interest under an arbitral award that has attained finality can be raised at the execution stage under Section 115 CPC
2 provisions across 1 enactments
V.Bhaskaran
V.Prema Bai
R.Vasudeva Rao
Adhavan Chits (P) Ltd.
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
