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2014 Supreme(Mad) 2557

V.M.VELUMANI
S. Gomathiammal – Appellant
Versus
Sri Ram City Union Finance Ltd. – Respondent


Advocates Appeared:
For the Petitioners:G. Prabhu Rajadurai, Advocate.

Judgment :

1. This Civil Revision Petition has been filed to set aside the order, dated 19.06.2014, made in unnumbered E.A.No. of 2014 in E.P.No.22 of 2011, on the file of Principal District Court, Tirunelveli.

2. The petitioners were the guarantors for the amounts borrowed by the debtors from the decree holder. The decree holder invoked arbitration proceedings against the debtors and guarantors and an award has been passed on 18.11.2010 in their favour. The decree holder has filed E.P.No.22 of 2011 before the Principal District Court, Tirunelveli, for realising the amounts as per the award.

3. The petitioners have filed an application under Section 47 C.P.C., for dismissal of Execution Petition in E.P.No.22 of 2011 as not executable. The Registry has returned the said application as the same was not maintainable. The petitioners re-submitted the same giving reasons as to how the said application is maintainable. The application was posted before the learned Judge and after hearing the counsel for the petitioners and considered all the objections raised by the petitioners and the materials available on record, the learned Judge held that the application is not maintainable and rejec



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