M. Mani vs Shriram Chits Tamil Nadu (P) Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 22

S. M. SUBRAMANIAM
M. Mani – Appellant
Versus
Shriram Chits Tamil Nadu (P) Ltd. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr.K.Jayakumar

ORDER :

The Civil Revision Petition is filed challenging the order dated 26.04.2017 passed in E.P.No.2375 of 2016 in A.R.C.No.71 of 2014.

2. It is not in dispute that the decree was passed in A.R.C.No.71 of 2014 instituted by the M/s.Shriram Chits Tamil Nadu Private Limited. The 1st respondent/decree holder, in order to execute the decree filed E.P.No.2375 of 2016. The Execution Court considered the facts and circumstances and found that an award was passed on 07.05.2014 in A.R.C.No.71 of 2014 and despite the service of notices to the revision petitioner/judgment debtor, he was called absent and there was no representation on his behalf. Thus, the revision petitioner was set exparte on 14.03.2017. Further, there was no appeal filed against the decree passed and consequently, the Execution Court passed an order on attachable portion of the salary of the revision petitioner/judgment debtor towards satisfaction of the award.

3. Pertinently, the orders in the Execution Petition passed on 26.04.2017 and the present Civil Revision Petition has been filed on 22.12.2022 with a delay of 1966 days in filing the present Civil Revision Petition.

4. Un-condonable delay cannot be condoned by the Cou

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