P.Stephen, Vs Sree Gokulam Chit and Finance Co., (P) Ltd.

Sree Gokulam Chit and Finance Co., (P) Ltd., Represented by its Foreman, A.Sagaya Jayarani, Branch Office at No.15, 3rd Floor, PLA Kanagu Towers, 11^th Cross, Thillai Nagar Main Road, Trichy-18. ... Respondent

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PRAYER :-

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Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the docket order dated 05.03.2026 passed in E.A.No.Unnumbered of 2026 in E.P.No.231 of 2023 in A.R.C.No.208 of 2019 on the file of III Additional Subordinate Judge, Tiruchirappalli and direct the learned Judge to number the application and dispose of the same on merits within a fixed time frame by this Court.

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

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CRP(MD). No.1414 of 2026

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For Petitioner : Mr.M. Ragul ORDER

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The Civil Revision Petition is filed challenging the order passed by the Executing Court, dated 05.03.2026, returning the petition filed by the petitioner on the ground of maintainability.

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2.The respondent herein filed an execution petition in E.P.No.231 of 2023 against the petitioner seeking to enforce the arbitral award passed against him. The petitioner was set ex-parte, by order dated 01.04.2024. Therefore, the petitioner filed an instant application on 17.02.2026 seeking to set aside the ex-parte order passed against him on 01.04.2024. The said application was returned by the Executing Court on 17.02.2026 on the ground of maintainability. The petitioner represented the papers on 03.03.2026 stating that he had not received any notice from the Court below and he was not aware of the execution proceedings. The Executing Court again returned the papers on 05.03.2026.

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CRP(MD). No.1414 of 2026

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3.If the Court below is not satisfied with the explanation offered by the petitioner, then the matter shall be called in open Court, and the petitioner shall be given an opportunity to put forth his case. The approach of the Court is returning the papers again and again is not permissible. Therefore, the petitioner is directed to represent the papers, offering his explanation, within a period of two weeks from the date of receipt of a copy of this order. If the Court below is not satisfied with the explanation offered by the petitioner, then the matter shall be called in open Court, and the petitioner shall be afforded an opportunity to put forth his case. Thereafter, the matter shall be disposed of on its own merits.

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4.With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

06.07.2026

NCC : Yes/No sji

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CRP(MD). No.1414 of 2026