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2011 Supreme(Mad) 3621

V.RAMASUBRAMANIAN
N. Rajendran – Appellant
Versus
Shriram Chits Tamil Nadu Pvt. Ltd. Rep. by its Branch Manager/Foreman – Respondent


Advocates appeared:
For the Petitioner:N.S. Siva Prakash, Advocate.
For the Respondent:P. Ravishankar Rao, Advocate.

Judgment :-

1. The civil revision petition arises out of the refusal of the District Munsif Court, Tiruvarur, to entertain an application to condone the delay of 10 days in seeking to set aside the exparte order of attachment.

2. Heard Mr.N.S.Siva Prakash, learned counsel for the petitioner and Mr.P.Ravishankar Rao, learned counsel for the respondent.

3. The respondent obtained an ex parte award on 17.7.2008 in ARC No.44 of 2006 filed under the Tamil Nadu Chit Funds Act. One Mr.D.Selvaraj, who was the first defendant in those arbitration proceedings, was the borrower and three persons, by name Balashanmugam, Rajendran and Krishnamurthy were the Guarantors. Mr.N.Rajendran who was one of the Guarantors, is the petitioner herein.

4. The respondent herein, the award holder, filed E.P.No.70 of 2009 on the file of the District Munsif Court, Tiruvarur, for executing the award. The executing Court set the petitioner ex parte and ordered attachment of the salary on 14.7.2010.

5. Thereafter, the petitioner herein filed an application in unnumbered E.A.No.__ of 2010 seeking condonation of the delay of 10 days in filing the application seeking to set aside the ex parte order. The petitioner fil
































































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