Revision against an execution court order attaching the revision petitioner's salary in execution of a Chit Registrar's award in ARC No.556 of 2021. The court held the executing court cannot go beyond an unchallenged award, dismissed the revision, and left liberty to deposit amounts for modification.
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.
C.R.P.[NPD].No.4437 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 06.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
C.R.P.[NPD].No.4437 of 2024
&
CMP.No.24714 of 2024
J.Malarvizhi
. . . Petitioner
Versus
PRAYER : Petition filed under section 115 of Code of Civil Procedure to set aside the Order dated 20.08.2024 made in E.P.No.5322 of 2022 on the file of the XXVIII Assistant City Civil Court, Chennai.
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C.R.P.[NPD].No.4437 of 2024
For petitioner : Mr.CH.Mohith Sai For respondents : Mr.V.Rajesh Babu
O R D E R
Challenge has been made against the Order passed by the Execution Court attaching the salary of the revision petitioner, in the present Civil Revision Petition
has been Ordered to realize the award amount and the award is not set aside, the Page 2 / 4
C.R.P.[NPD].No.4437 of 2024
Execution Court cannot go beyond the award. Hence, I do not find any merits in the present revision petition. It is for the petitioner to deposit any amount before the Execution Court and on such deposit, the Execution Court may consider and pass Order modifying the Order taking note of the deposit made by the petitioner.
Consequently, connected miscellaneous petition is closed.
06.11.2024
Index : Yes / No Internet: Yes Speaking/non speaking order
vrc
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C.R.P.[NPD].No.4437 of 2024
N. SATHISH KUMAR, J.
vrc
C.R.P.[NPD].No.4437 of 2024
06.11.2024
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1 issue framed by the court
Whether the Execution Court could attach the salary of a guarantor in execution of a chit award that has not been set aside.
1 provisions across 1 enactments
J.Malarvizhi
M/s.Jayapriya Chit Funds Private Limited
Naveen Kumar
D.Sudha
M.Patchayappan
K.Senthilkumar
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
