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M/s.Maruti Build Care v. Ncl Buildtek Limited

Madras HC3 Feb 2025CRP(MD)/12/2025

Case brief

AI extract

What is this about?

Re-arrest of judgment-debtor in execution set aside; Section 115 CPC civil revision; execution proceedings made dependent on disposal of I.A.No.884 of 2023 to set aside exparte decree; E.P.No.7 of 2023 in O.S.No.896 of 2012; decree dated 23.01.2019 for Rs.52,44,500/-; Principal District Judge, Karur; 1st Additional Court, Ranga Reddy, LB Nagar, Hyderabad; earlier CRP dismissed as infructuous 11.11.2024; misconstrual of High Court direction; Madras High Court, Madurai Bench; R. Vijayakumar, J.; decided 03.02.2025.

What did the court decide?

Civil Revision Petition allowed with no costs: impugned order dated 04.12.2024 set aside; Trial Court directed to await disposal of I.A.No.884 of 2023 and thereafter proceed in accordance with law; connected C.M.P.(MD).111 of 2025 closed. ¶32

M/s.Maruti Build Care Vs Ncl Buildtek Limited — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Trial Court (Principal District Judge, Karur) acted contrary to this Court's direction by ordering re-arrest of the judgment-debtor on 04.12.2024 without awaiting the outcome of I.A.No.884 of 2023, the application to set aside the exparte decree, on which the continuation of the Execution Proceedings was made to depend.

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Court's answer

Since this Court had directed that the Execution Proceedings be carried forward depending upon the outcome of I.A.No.884 of 2023 pending before the 1st Additional Court, Ranga Reddy Court, LB Nagar, Hyderabad, the Learned Trial Court ought not to have ordered re-arrest of the Civil Revision Petitioner on 04.12.2024.

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Ratio / Principle

The Trial Court's order dated 04.12.2024 is set aside; the Trial Court is directed to await the outcome of I.A.No.884 of 2023 and, after its disposal, to proceed in accordance with law.

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Detailed headnote1 paragraphs

Execution/Arrest of judgment-debtor — Civil Revision Petition under Section 115 CPC by the judgment-debtor in a money suit (decreed amount Rs.52,44,500/-) against the order dated 04.12.2024 of the Principal District Judge, Karur in E.P.No.7 of 2023 (in O.S.No.896 of 2012, 1st Additional Court, Ranga Reddy, LB Nagar, Hyderabad) directing his re-arrest by 08.01.2025. The earlier CRP against the arrest order dated 28.04.2023 had been dismissed as infructuous on 11.11.2024 after this Court recorded that further execution proceedings depended on the outcome of I.A.No.884 of 2023, the judgment-debtor's application to set aside the exparte decree. Held: the Trial Court misconstrued that dismissal and ought not to have ordered re-arrest while I.A.No.884 of 2023 remained undisposed; the order dated 04.12.2024 is set aside and the Trial Court directed to await its disposal and then proceed in accordance with law. Petition allowed, no costs; connected C.M.P.(MD).111 of 2025 closed. (R. Vijayakumar, J.; Madurai Bench of Madras High Court; 03.02.2025)

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CRP.(MD).No.12 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.02.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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CRP.(MD).No.12 of 2025 and C.M.P.(MD).111 of 2025 in E.P.No.7 of 2023 in O.S.No.896 of 2012

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M/s.Maruti Build Care, Represented by its Proprietor Selvamani, No.82, V.O.C. Street, Vengamedu, Karur.

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.. Petitioner/Respondent/Defendant Vs.

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NCL Buildtek Limited, Previously Known as NCL ALLTECK & SECCOLOR LTD., Hyderabad, Office at 10-3-162, 5^th Floor, NCL Pearl, S.D.Road, East Maredpally, Opposite to Hyderabad Bhavan, Secunderabad.

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.. Respondent/Petitioner/Plaintiff

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Prayer: This Civil Revision Petition is filed under Section 115 of the Code of Civil Prodcedure, to set aside the Docekt Order dated 04.12.2024 passed in E.P.No.7 of 2023 in O.S.No.896 of 20212 on the file of the Principal District Judge, Karur and allow the present Civil Revision Petition.

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

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CRP.(MD).No.12 of 2025

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For Petitioner : Mr.P.Vinoth for Mr.K.Kevinkaran For Respondent : Mr.S.Deenadhayalan

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ORDER

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The present Civil Revision Petition has been filed by the Judgment-Debtor, in a Money Suit.

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2. The Respondent herein had filed O.S.No.896 of 2012 on the file of the 1^st Additional Court, Ranga Reddy Court. LB Nagar Hyderabad for the relief, recovery of a sum of Rs.52,44,500/-. A Decree was passed on 23.01.2019. The Decree was later transmitted to the Principal District Judge, Karur, wherein the Decree Holder had filed E.P.No.7/2023.

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3. The Learned Trial Judge has passed an order dated 28.04.2023, ordering arrest of the Civil Revision Petitioner. This order was put to challenge by the Petitioner in C.R.P.(MD).No.1156 of 2023. At the time of arguments, the Learned Counsel appearing for the Petitioner had submitted that the Decree obtained by the Respondent before the 1^st Additional Court, Ranga Reddy Court. LB Nagar Hyderabad is an exparte decree and he had filed I.A.No.884 of 2023 to set aside the exparte decree. After recording the same, this Court had observed that

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

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CRP.(MD).No.12 of 2025

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depending upon the outcome of I.A.No.884 of 2023, further proceedings in the Execution Proceedings can be proceeded with and the C.R.P(MD).No.1556 of 2023 was dismissed as infructuous by this Court on 11.11.2024.

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4. Misconstruing the order passed by this Court, and dismissal of the Civil Revision Petition, the Trial Court has again passed an order dated 04.12.2024, and directed re-arrest of the Civil Revision Petitioner by 08.01.2025. Challenging the same, the present Civil Revision Petition has been filed.

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5. According to the learned Counsel appearing for the Civil Revision Petitioner, when this Court has directed the Trial Court to await for the outcome of I.A.No.884 of 2023, without awaiting for the outcome of the above said application, the Trial Court has again ordered re-arrest.

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6. Per-Contra, the Learned Counsel appearing for the Respondent contended that the Civil Revision Petition has been dismissed as infurcutous and therefore, the Principal District Judge, Karur, proceeded to order re-arrest.

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7. A perusal of the order passed by this Court in C.R.P.(MD).No. 1556 of 2023 on 11.11.2024, reveals that this Court has directed the

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

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CRP.(MD).No.12 of 2025

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Learned Trial Court to proceed with the Execution Proceedings depending upon the outcome in I.A.No.884 of 2023, pending on the file of the 1^st Additional Court, Ranga Reddy Court. LB Nagar Hyderabad. In such circumstances, the Learned Trial Court ought not to have ordered re-arrest of the Civil Revision Petitioner on 04.12.2024.

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8. In view of the above the said deliberations, the order of the Learned Trial Court dated 04.12.2024 is hereby set aside and the Learned Trial Court is directed to await for the outcome of the proceedings in I.A.No.884 of 2023 on the file of the 1^st Additional Court, Ranga Reddy Court. LB Nagar Hyderabad. After the disposal of I.A.884/2023, the Learned Trial Court shall proceed in accordance with law. Hence, this Civil Revision Petition stands allowed. No costs. Connected Civil Miscellaneous Petition is also closed.

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03.02.2025

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NCC : Yes/No Index : Yes/No Internet : Yes

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nst

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

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CRP.(MD).No.12 of 2025