E.Marimuthu Vs Tamilnadu Mercantile Bank Ltd. — Madras HC (2025) — LawSathi Research

E.Marimuthu Vs Tamilnadu Mercantile Bank Ltd. — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Civil Revision Petition disposed of on the petitioner's affidavit undertaking to pay Rs.7,47,488/- in instalments (Rs.2,22,488/- on or before 18.08.2025; Rs.1,75,000/- on the 18th of each of the next three months till 18.11.2025); respondent bank to issue a no due certificate and return all originals on receipt of the entire amount; liberty reserved to the bank to proceed with execution if any instalment fails; no costs; connected Miscellaneous Petition (CMP(MD) No.11023 of 2025) closed.

Issue for consideration

Whether the dismissal of E.A.No.1/2024 (stay of execution in E.P.No.175/2024) ought to be set aside, given the petitioners' position that the exparte decree in O.S.No.80/2015 was never served on them and they were therefore unable to challenge it. (Not finally adjudicated: resolved by consent through a recorded payment undertaking.)

Ratio / Principle

The Court recorded the petitioner's affidavit undertaking agreeing to pay Rs.7,47,488/-, to be disbursed within four months, in settlement of the respondent bank's claim.

Key takeaways

Instalment schedule directed: the petitioner shall pay/deposit Rs.2,22,488/- on or before 18.08.2025 and Rs.1,75,000/- each for the next succeeding three months, i.e., on the 18th of every month till 18.11.2025.ratio¶¶37
On receiving the entire amount, the respondent bank shall issue a no due certificate to the petitioners and return all the originals to them.ratio¶¶37
Default safeguard: if the petitioners fail to pay any instalment, the respondent bank is at liberty to proceed with the execution proceedings.

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Madurai Bench) — M. Dhandapani, J. (single judge) — CRP(MD). No.1929 of 2025 with CMP(MD) No.11023 of 2025 — decided 18.07.2025. Civil Revision Petition under Section 115 of the Civil Procedure Code by judgment-debtors E.Marimuthu and J.Jaheer Hussain against the fair and decreetal order dated 12.06.2025 of the Principal Sub Court, Tenkasi dismissing their E.A.No.1/2024, which had sought stay of the execution proceedings in E.P.No.175/2024 initiated by Tamilnadu Mercantile Bank Ltd following an exparte money decree in O.S.No.80/2015; the petitioners stated the exparte decree was never served on them, leaving them unable to appeal. An interim order of 03.07.2025 had sought a trial-Court report on delivery of the decree copy and restrained coercive steps. At hearing, the petitioner filed an affidavit undertaking to pay Rs.7,47,488/- within four months; the Court recorded the undertaking and disposed of the revision by directing instalments — Rs.2,22,488/- on or before 18.08.2025 and Rs.1,75,000/- on the 18th of each of the next three months till 18.11.2025 — with a no due certificate and return of all original documents on full payment, and liberty to the bank to resume execution upon default of any instalment. No costs; connected miscellaneous petition closed. No precedent cited; the non-service grievance was resolved by consent rather than adjudicated.

CRP(MD). No.1929 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 18/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

CRP (MD). No.1929 of 2025 and CMP(MD) No.11023 of 2025

E.Marimuthu,

J.Jaheer Hussain ... Petitioners

Vs

Tamilnadu Mercantile Bank Ltd, Through its Manager, 1/756, Shengottai Branch, Courtallam Road, Piraanur Border, Tenkasi Taluk, Tenkasi District.. ... Respondent

PRAYER :- Civil Revision Petition filed under Section 115 of Civil Procedure Code, against the fair and decreetal order dated to set aside the (Fair and Decreetal) Docket Order passed in E.A.No.1/2024 in E.P.No. 175/2024 in O.S.No.80/2015 dated 12.06.2025 on the file of the Principal sub Court, Tenkasi.

For Petitioners : Mr.N.Marimuthu for Mr.M.Jegadeeshapandian For Respondent : Mr.N.Dilipkumar

1/6

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

CRP(MD). No.1929 of 2025

ORDER

The Civil Revision Petition is filed against the fair and decreetal order passed in E.A.No.1/2024 in E.P.No.175/2024 in O.S.No.80/2015 dated 12.06.2025 on the file of the Principal sub Court, Tenkasi.

The respondent bank instituted a suit against the petitioners

herein in OS No.80/2025 for recovery of money and the said suit was decreed exparte and due to the non serving of said exparte decree, the petitioners could not file an appeal. In the meantime, the respondent/plaintiff preferred execution proceedings in EP No.175/2024, against which, the petitioners preferred EA No.1/2024 to stay the execution proceedings and the same was dismissed. Challenging the same, the petitioners are before this Court.

3.When the matter was listed on 03.07.2025, this Court passed the following order:

“This petition is filed seeking to dispense with the production of the docket order in E.A.No.1 of 2024.

2.The learned counsel for the petitioner submits

2/6

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

CRP(MD). No.1929 of 2025

that the suit in O.S.No.80 of 2015 was filed as against the petitioners/defendants and the same was decreed exparte. Since the said fair and decreetal order of the exparte decree made as against the petitioners was not served to the petitioners, they were not able to take necessary steps to challenge the ex-parte decree. However, in the meantime, the plaintiffs filed an execution proceedings and in that proceedings, restraint order has been passed as against the petitioners. Hence, the petitioner has filed this Civil Revision Petition.

3.Considering the submission made by the learned counsel for the petitioner, the Principal Sub Court, Tenkasi is directed to file a report as to whether the fair and decreetal order has been provided to the petitioners.

4.List this matter on 10.07.2025 along with the report obtained from the trial Court. Till such time, the trial Court is directed not to take any coercive steps.”

When the petition is taken up for hearing today, the learned

counsel for the petitioner would submit that the petitioner is ready to settle the matter by paying the amount offered by the respondent bank. The petitioner has also filed an affidavit to that effect, in which, it is agreed by the petitioner that an amount of Rs.7,47,488/- shall be 3/6

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

CRP(MD). No.1929 of 2025

disbursed within four months. The said submission is recorded.

The learned counsel for the respondent bank has no serious objections for the same and would submit that this Court may fix an outer limit for payment of the entire amount.

I have considered the rival submissions and perused the materials available on record.

Considering the submissions made on either side and considering the affidavit of undertaking given by the petitioner, this Court pass the following order:

The petitioner shall pay/deposit a sum of Rs.2,22,488/- on or before 18.08.2025 and pay/deposit Rs.1,75,000/- each for the next succeeding three months, ie., on the 18^th of every month till 18.11.2025. On receiving the entire amount, the respondent shall issue a no due certificate to the petitioners and return all the originals to the petitioners. If the petitioners failed to pay any installment, the respondent is at liberty to proceed with the execution proceedings.

4/6

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

CRP(MD). No.1929 of 2025

With the above direction, the Civil Revision Petition is disposed

of. No costs. Consequently connected Miscellaneous Petition is closed.

18.07.2025

NCC : Yes/No Index : Yes/No RR TO

1.The Principal sub Court, Tenkasi.

2.VR Section Madurai Bench of Madras High Court, Madurai.

5/6

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

CRP(MD). No.1929 of 2025

M.DHANDAPANI,J

RR

ORDER IN CRP(MD) (NPD) No.1929 of 2025

Date : 18/07/2025

6/6

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