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Raja v. Kolanjivel

Madras HC3 Apr 2025CRP/65/2025

Case brief

AI extract

What is this about?

Garnishee; Order XXXVIII Rule 5 CPC; furnishing security to the tune of suit claim; release of amounts deposited by garnishee; conditional disposal of civil revision petition; automatic dismissal on default; Article 227 Constitution of India; Sub Court Neyveli; OS.No.455 of 2024; IA.No.2 of 2024; C.M.P.No.606 of 2025; NLC India Ltd Neyveli; Thrift Society Block-12 NLCIL; no costs.

What did the court decide?

Civil Revision Petition disposed of on condition that the petitioner furnish security to the satisfaction of the Court below; upon such security being furnished, the amounts deposited by the garnishee are to be released; in default, the civil revision petition automatically stands dismissed; connected C.M.P.No.606 of 2025 closed; no costs. ¶30

Raja Vs Kolanjivel — Writ and Judicial Review | Madras HC (2025)

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C.R.P (PD) No.65 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.04.2025

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CORAM

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THE HONOURABLE MS. JUSTICE P.T. ASHA.J

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C.R.P (PD) No.65 of 2025 and C.M.P.No. 606 of 2025

Raja

... Petitioner

vs.

1.Kolanjivel

2.The Chief Manager / Finance, Account Centre, Mine – II NLC India Ltd, Neyveli.

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3.The President Thrift Society, Block – 12, NLCIL Neyveli. ... Respondents

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1/5

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

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C.R.P (PD) No.65 of 2025

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Prayer:

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Prayer: Civil Revision Petition is filed under Article 227 of the

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Constitution of India against the order dated 20.12.2024 in IA.No.2 of 2024 in OS.No.455 of 2024 on the file of the Sub Court, Neyveli.

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For Petitioner : Mr. P.Murali

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For Respondent 1: Mr. V.Sundarraman

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ORDER

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The petition is filed against the order dated 20.12.2024 in

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IA.No.2 of 2024 in OS.No.455 of 2024 on the file of the Sub Court, Neyveli.

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The petition arises against the order passed in the application filed under Order XXXVIII Rule 5 CPC.

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2/5

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

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C.R.P (PD) No.65 of 2025

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The petitioner would submit that he is ready to furnish security

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to the tune of suit claim and the same would be produced within a period of 2 weeks.

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Therefore, the petition is disposed of with a direction that the petitioner shall furnish security to the satisfaction of the Court below and only upon the security been furnished the amounts deposited by the garnishee shall be released. It is needless to state that in default the civil revision petition would automatically stands dismissed.

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