Apar Industries Ltd., Vs M/s. Vinayagam Associates — Company and Corporate | Madras HC (2026)

Apar Industries Ltd., Vs M/s. Vinayagam Associates — Company and Corporate | Madras HC (2026)

What the court decided

AI extract

Outcome

No relief granted; the Civil Revision Petition was dismissed as devoid of merits. The revision petitioner was directed to comply with the defects pointed out by the Executing Court and re-present the Execution Petition within a period of two weeks from the date of receipt of a copy of the order, and for such compliance the Registry was directed to return the original papers to the petitioner by replacing necessary copies.

Issue for consideration

Whether, in this civil revision petition under Article 227 of the Constitution, the learned Principal District Judge, Madurai should be directed to number the Execution Petition in Unnumbered E.P.No.TNMD010068452025 of 2025, notwithstanding that the petition had been returned for compliance by the Executing Court and the defects had not been rectified.

Court's answer

When an Execution Petition has been returned for compliance, it is incumbent upon the petitioner to rectify the defects and re-present the same in accordance with law.

Ratio / Principle

Without complying with the objections raised by the Court (the Executing Court), the petitioner cannot seek a direction for numbering the Execution Petition.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), CRP(MD). No.412 of 2026, decided 16.02.2026 (N. Senthilkumar, J.): Civil Revision Petition under Article 227 of the Constitution by Apar Industries Ltd. seeking a direction to the Principal District Judge, Madurai to number the Execution Petition in Unnumbered E.P.No.TNMD010068452025 of 2025, which had been returned for compliance by the Executing Court with the defects unrectified. Held: (i) when an Execution Petition is returned for compliance, it is incumbent upon the petitioner to rectify the defects and re-present it in accordance with law; and (ii) without complying with the objections raised by the Court, the petitioner cannot seek a direction for numbering the petition. The revision petition was dismissed as devoid of merits, and the petitioner was directed to comply with the defects pointed out by the Executing Court and re-present the Execution Petition within two weeks from receipt of a copy of the order, the Registry to return the original papers by replacing necessary copies.

CRP(MD). No.412 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 16.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

CRP(MD). No.412 of 2026

APAR Industries Ltd., Registered Office at Apar House, Corporate Park, Sion-Trombay Road, Chembur, Mumbai - 400 071. Represented by its Authorized Representative, Mr.Vijay Verma

... Petitioner Vs.

M/s. Vinayagam Associates, A Sole Proprietorship Through its Proprietor Mr. T. Vijayaga Murugesan, Having Registered Office at No. 9/36, Allimar Street, Viswanathapuram, Anaiyur, Madurai,Tamil Nadu – 625 017.

2.Dencil Pumps and Systems Pvt. Ltd., A Company Incorporated Under the Companies Act, 1956, Bearing CIN U29120MH004PTC146097, Having its Registered Office at Survey No.439, between Plot Nos.85 and 86, Govt. Industrial Estate, Charkop, Kandivali (West), Mumbai – 400 067.

... Respondents

PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution

of India, to allow this Civil Revision Petition directing the learned Principal

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CRP(MD). No.412 of 2026

District Judge Madurai to number the Execution Petition in Unnumbered E.P.No.TNMD010068452025 of 2025.

For Petitioner : Mr.Umanath

ORDER

This civil revision petition has been filed to direct the learned Principal District Judge Madurai to number the Execution Petition in Unnumbered E.P.No.TNMD010068452025 of 2025.

2.The records of the Executing Court indicate that the Execution Petition

was returned for compliance, and the same has not been complied with. Hence, the present revision has been filed seeking a direction to number the unnumbered Execution Petition.

3.This Court is of the view that when the Execution Petition has been returned for compliance, it is incumbent upon the petitioner to rectify the defects and re-present the same in accordance with law. Without complying with the objections raised by the Court, the petitioner cannot seek a direction for numbering the petition.

4.Accordingly, this Civil Revision Petition is dismissed as devoid of

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CRP(MD). No.412 of 2026

merits. However, the revision petitioner is directed to comply with the defects

pointed out by the Executing Court and re-present the Execution Petition within a period of two weeks from the date of receipt of a copy of this order. For such compliance, Registry shall return the original papers to the petitioner by replacing necessary copies.

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

16.02.2026

TM

To

1.The Principal District Judge, Madurai.

2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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CRP(MD). No.412 of 2026

N.SENTHILKUMAR, J.

TM

CRP(MD). No.412 of 2026

16.02.2026

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