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2013 Supreme(Mad) 1898

K.RAVICHANDRA BAABU
Euro Fabrics, Rep. By A. Vasudevan, Tiruppur – Appellant
Versus
Startime Apparels, Tirupuur – Respondent


Advocates Appeared:
For the Petitioner:J. Ramakrishnan, Advocate.
For Respondent:Mr. K. Ethirajulu, Advocate.

JUDGMENT

1. This Civil Revision Petition is filed against the order made in E.A.No.80/2011 in E.P.No.252/2010, whereby the Court below has rejected the application filed by the petitioner to set aside the ex-parte order passed in the said E.P. on 13.07.2011.

2. The brief facts of the case are as follows:

On 02.12.2009 an award came to be passed by the Micro Small Enterprises Facilitation Council, Coimbatore against the petitioner herein directing the petitioner to pay a sum of Rs.1,29,062/- with interest to the respondent herein. It is seen that the said award was passed ex-parte since the petitioner did not take part in the award proceedings. Consequently the respondent filed E.P.No.252 of 2010 for realisation of the award amount before the Court below. Though notice was served on the petitioner in the execution proceedings, he has not chosen to appear when the matter was called on 29.03.2011 and consequently the Execution Court passed an ex-parte order in the execution proceedings on 29.03.2011. Thereafter the petitioner filed E.A.No.80 of 2011 on 29.04.2011 seeking to set aside the ex-parte order passed in the execution proceedings. Though the said petition was filed after the pe





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