Allowed

Subbulakshmi v. Metropolitan Transport Corporation (Chennai) Ltd.

Madras HC11 Nov 2019CRP/3632/2019

Case brief

AI extract

What is this about?

A civil revision petition sought direction to expedite a pending execution petition against Metropolitan Transport Corporation. The High Court directed the Small Causes Court to finally dispose of the execution petition within two months, noting it was erroneously kept pending for Lok Adalat.

What did the court decide?

Ordered the III Small Causes Court to expedite the hearing of E.P.No.238 of 2019 and dispose of it within two months.

Subbulakshmi Vs Metropolitan Transport Corporation… — Execution and Attachment | Madras HC (2019)

¶1

C.R.P.(NPD) No.3632 of 2019

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 11.11.2019

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE R. SURESH KUMAR

¶6

C.R.P.No.3632 of 2019 and C.M.P.No.23031 of 2019

¶7

1.Subbulakshmi
2.Jayanthi
3.Manju
4.Manikandan ... Petitioners
-Vs-
Metropolitan Transport Corporation
(Chennai) Ltd., rep.by its Managing Director
Pallavan House, Anna Salai, Chennai 600 002. ... Respondent

¶8

Prayer : Civil Revision Petition under Article 227 of the Constitution of India to direct the lower Court to dispose of the E.P.No.238 of 2019 in MCOP No.2864 of 2011 pending on the file of the III Small Causes Court at Chennai.

¶9

For Petitioners : Mr.A.Saravanan

¶10

O R D E R

¶11

This revision petition has been filed seeking a prayer of direction to the lower Court to expedite the hearing in E.P.No.238 of 2019 in M.C.O.P.No.2864 of 2011 pending on the file of the III Small Causes Court at Chennai.

¶12

Learned counsel for the petitioner would submit that, award was passed in

¶13

M.C.O.P.No.2864 of 2011 on 03.02.2014, whereby a sum of Rs.10,32,800/- was

¶14

http://www.judis.nic.in

¶15

Page 1 of 4

¶16

C.R.P.(NPD) No.3632 of 2019

¶17

directed to be deposited by the respondent Corporation within a period of two months. Despite the award having been passed and without having filed an appeal, the respondent has not deposited the award amount, which necessitated the revision petitioners to file the Execution Petition in E.P.No.238 of 2019. In that E.P., also, though the respondent had entered appearance, no useful progress has been shown so far and it has been posted on various dates between 12.06.2018 to 04.07.2019 under the caption 'Counter' and thereafter it has been posted for 'enquiry' on 15.07.2019 and 'for orders' on 23.07.2019. However, for the last two hearings ie., on 30.08.2019 and 27.09.2019, the E.P., has been posted under the caption 'Lok Adalat'.

¶18

Learned counsel for the revision petitioners submits that, once an award is passed in M.C.O.P., and an E.P., was filed, at that stage there is no need to refer the matter to Lok Adalat and therefore, the E.P., cannot be kept pending any further.

¶19

I have considered the said submission made by the learned counsel for the revision petitioners and I find some force in the said contention.

¶20

In view of the above, there shall be a direction to the Court below ie., the III Judge, Court of Small Causes, Chennai to expedite the hearing in E.P.No.238 of 2019 and pass orders thereon finally, within a period of two months from the date

¶21

http://www.judis.nic.in

¶22

Page 2 of 4

¶23

C.R.P.(NPD) No.3632 of 2019

¶24

of receipt of a copy of this order. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition

¶25

is closed.

¶26

11-11-2019
Index : Yes / No
Internet : Yes / No
KST
To
The III Judge, Court of Small Causes, Chennai.

¶27

http://www.judis.nic.in

¶28

Page 3 of 4

¶29

C.R.P.(NPD) No.3632 of 2019

¶30

R.SURESH KUMAR, J.

¶31

KST

¶32

C.R.P.(NPD) No.3632 of 2019

¶33

11.11.2019

¶34

http://www.judis.nic.in

¶35

Page 4 of 4

Subbulakshmi v. Metropolitan Transport Corporation (Chennai) Ltd.

Case brief

What is this about?

What did the court decide?

Subbulakshmi v. Metropolitan Transport Corporation (Chennai) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

S.Siluvai Michael Vs S.Tamilselvi

Kanniyammal Vs a.Krishnan

Margandeyan Vs the Prenambut Muslim

R.Kavitha Vs M.Santha

B.N.Krishnamoorthy Vs D.Ravichandran

E.Mohan Rao Vs Ethirajulu Nadiu