The High Court dismissed a civil revision petition seeking to set aside an order attaching petitioners' salaries in chit fund execution proceedings, holding the petitioner failed to exhaust the alternative remedy of appeal.
Civil Revision Petition dismissed; connected MP closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP(NPD)No.1125 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 15.12.2020 PRONOUNCED ON : 22.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
CRP(NPD)No.1125 of 2016
CMP.No.6170 of 2016
(Through Video Conferencing)
1. P.Veeramani
2. P.Anbu
3. V.Manimaran
4. R.Ramesh
5. S.Sekar
6. M.Sanjeevi
7. M.Manjini
8. S.Ranganatan Petitioners
Vs
Jayapriya Chit Funds P Limited
by its Foreman R.Anbazhagan
Neiveli Respondent
Prayer:- This Civil Revision Petition has been filed, under Section 115 of the Constitution of India, to set aside the order dated, 28.1.2016 made in EP.No.107 of 2013 in AR.No.401 of 2012 by the i Additional Subordinate Judge, Cuddalore.
CRP(NPD)No.1125 of 2016
CRP(NPD)No.1125 of 2016
AR.No.401 of 2012 before the Joint Registrar of Chit, against the Petitioners for not having paid the pending chit amounts, after receiving the chit prize amount. On 09.07.2012, an arbitration award passed against the Petitioners. In the execution proceedings in EP.No.107 of 2013, the impugned docket order, attaching the salary of the Petitioners, has been passed by the court below.
“7/ nkw;go fl;rpfs; vg;go ,Ug;gpDk; ,e;j vjph;kDjhuh; jhd; epahag;go brYj;jntz;oa bjhifia gpujpkhjk; U:/2.000-?k; tPjk; brYj;j jahuhf cs;shh;/”
After having admitted so, certain payments have also been made by the
Petitioners. Only when the Petitioner have failed to make payments, attachment was ordered by the impugned order. It is settled principle of law that the executing Court cannot go beyond the decree.
22.01.2021 A.A.NAKKIRAN, J.
CRP(NPD)No.1125 of 2016
Srcm
Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm
To
Pre-Delivery Order in
CRP(NPD)No.1125 of 2016
22.01.2021
2 issues framed by the court
Whether a civil revision petition is maintainable when an alternative remedy by way of appeal exists against the impugned order attaching salary.
Whether the executing court maintained the attachments ordered against petitioners who admitted liability in execution proceedings.
P.Veeramani and others
Jayapriya Chit Funds P Limited
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
