Disposed

G. Rajamohan v. M/S Shriram City Union Finance

Madras HC4 Feb 2021CRP/2009/2015

Case brief

AI extract

What is this about?

In this civil revision prayer, the High Court directed petitioners to file an application for attachment in another property. The court noted petitioners' willingness to negotiate the interest component but clarified their right to seek fresh attachment orders.

What did the court decide?

Petitioners directed to file application for attachment in manner known to law; liberty to negotiate interest waiver.

G. Rajamohan Vs M/S Shriram City Union Finance — Execution and Attachment | Madras HC (2021)

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CRP.NPD.No.2009 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.02.2021

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CORAM

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THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

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CRP.NPD.No.2009 of 2015

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1.G.Rajamohan
2.V.Ramalingam
3.N.Subramanian
4.A.Rangasamy ..Petitioners
Vs.
M/s.Shriram City Union Finance Ltd.,
No.2, Shopping Complex,
Block No.6, Neyveli - 3 ..Respondent

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PRAYER:

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The Civil Revision Petition is filed under Section 115 of Civil Procedure Code praying to allow the civil revision petition by set aside the order passed in EP.No.216 of 2013 in ACP.No.54 of 2012 on the file of the Subordinate Judge, Neyveli dated 10.01.2015.

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For Petitioners : Mr.S.Ambigapathi

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For Respondent : Mr.N.Gnanalingam

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https://www.mhc.tn.gov.in/judis/

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CRP.NPD.No.2009 of 2015

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ORDER

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This civil revision petition is arising out of order passed in EP.No.216 of 2013 in ACP.No.54 of 2012 on the file of the Subordinate Judge, Neyveli dated 10.01.2015 thereby absolute the attachment order.

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The first petitioner borrowed trade loan from the

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respondent, in which the petitioners 2 to 4 stood as guarantors. Since the

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first petitioner defaulted in payment of EMI amount to the respondent, the respondent preferred ACP petition in ACP/EF/(C.A.R)/SCUF.No.54/12 before the Sole Arbitrator, Cuddalore, wherein award dated 10.04.2013

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was passed and allowed the claim petition at Rs.4,70,898/- payable by the petitioners herein. In pursuant to the said award, the respondent filed execution petition. Though the petitioners have paid total sum of Rs.3,00,460/-, they failed to pay the remaining amount as claimed by

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the respondent herein. Therefore, the order of attachment was passed and the same was made absolute.

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While admitting the civil revision petition, this Court granted

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interim stay on condition that the petitioners shall deposit a sum of

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https://www.mhc.tn.gov.in/judis/

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CRP.NPD.No.2009 of 2015

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Rs.1,00,000/- to the credit of execution petition. They also complied with and it is lying in the execution court. However, the petitioners are ready and willing to negotiate with the respondent in respect of the interest portion and they are also ready and willing to pay the balance

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amount.

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Considering the above, the petitioners are directed to file a

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proper petition before the execution court to raise attachment in the manner known to law. They are also at liberty to negotiate with the respondent in respect of waiving interest and other payments before the execution Court.

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With the above observations, this civil revision petition is

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disposed of. No order as to costs.

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04.02.2021

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Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok

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https://www.mhc.tn.gov.in/judis/

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CRP.NPD.No.2009 of 2015

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G.K.ILANTHIRAIYAN,J.

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lok

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The Subordinate Judge,
Neyveli
CRP.NPD.No.2009 of 2015

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04.02.2021

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https://www.mhc.tn.gov.in/judis/

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G. Rajamohan v. M/S Shriram City Union Finance

Case brief

What is this about?

What did the court decide?

G. Rajamohan v. M/S Shriram City Union Finance

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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