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2025 Supreme(Online)(Mad) 23687

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN, J
Dr.B.Nagarajan – Appellant
Versus
The State Rep By The Under Secretary To Government Commercial Taxes And Registration Dept, Secretariat, Chennai-600 009 – Respondent
W.P.No.16731 of 2025



Advocates:
For the Appellants/Petitioners: Mr.J.Baranidharan
For the Respondents: Mr.Karthik Jaganathan

The court affirms that the appellate authority must dispose of pending appeal proceedings in a timely manner while allowing the executing court to proceed without hindrance.

Headnote:This writ petition, filed under Article 226, seeks a direction for the disposal of appeal proceedings No.9487863/G/2025. The petitioner challenges an award from the Arbitrator on 15.02.2023. The court finds that the appeal will be resolved within four months. The court prohibits interference by the executing court in E.P.No.1516 of 2024. Writ petition disposed of without costs.

Table of Content
1. petitioner seeks appeal disposal. (Para 1 , 2)
2. court allows execution pending appeal. (Para 3)
3. court orders timely decision on appeal. (Para 4 , 5)
4. writ petition concluded. (Para 6)

7 Hemalatha ... Respondents PRAYER: The writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondent No.1 to dispose of the appeal proceedings in No.9487863/ G/

2025 in accordance with law.

For Petitioner ... Mr.J.Baranidharan For Respondent ... Mr.Karthik Jaganathan No.1 Government Advocate

O R D E R

The writ petition has been filed to direct the respondent No.1 to dispose of the appeal proceedings in No.9487863/ G/ 2025 in accordance with law.

2.The petitioner has suffered an award at the hands of the Arbitrator of the Chits Central, Chennai, in ARC No.45/2022 on 15.02.2023.

Aggrieved by the same, he has preferred an appeal before the first respondent in reference No.9487863/G/2025.

3.As the decree holder has proceeded to execute the decree in E.P.No.1516/2024, and as orders of attachment have been ordered by the learned X Assistant Judge, City Civil Court on 23.04.2025, he has come forward with the present writ petition for the abovesaid relief.

4.I heard Mr.J.Baranidharan, learned counsel for the petitioner as well as Mr.Karthik Jaganathan, learned Government Advocate for the first respondent.

5.The learned Government Advocate states that the appeal will be disposed of within a period of four months from the date of receipt of a copy of this order.

6.In view of the above, the writ petition is disposed of. No Costs. It is made clear that this order will not stand in the way of the executing court to proceed further in E.P.No.1516 of 2024. It is upto the petitioner to move an appropriate stay application before the appellate fora.

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