IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 16.06.2022

PRONOUNCED ON : 04.07.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

C.R.P.NO.1071 OF 2020

Rajkumar

...Petitioner / Judgment Debtor /

Defendant

Vs

Appadurai

...Respondent / Decree Holder /

Plaintiff

Prayer: Civil Revision Petition is filed against the order,

dated 05.02.2020, passed in E.P.No.665 of 2018 in O.S.No.163 of

2015 on the file of II Additional District Court, Puducherry.

For Petitioner

:

Mr.C.Sakthimanikandan

For Respondent

:

Mrs.Elizabeth Ravi

ORDER

This Civil Revision Petition is filed under Article 227 of

the Constitution of India against the order, dated 05.02.2020,

passed in E.P.No.665 of 2018 in O.S.No.163 of 2015 on the file

of II Additional District Court, Puducherry, directing the

revision petitioner to pay the E.P. amount or face arrest.

2. The suit was one for recovery of money and it was decreed

by the trial Court in favour of the respondent/plaintiff and

against the petitioner/defendant on 26.04.2018. Along with the

suit, I.A.No.587 of 2015 was filed by the respondent/plaintiff

to direct the petitioner/defendant to furnish security for the

suit claim together with interest from the date of the plaint

and costs to the tune of suit claim of Rs.7,96,849.50 and Court

fee of Rs.59,763.50, totalling to a sum of Rs.8,56,613/- within

a stipulated time and on failure to furnish the same, direct

attachment of the property mentioned in the petition before

judgment. The said application was allowed and the attachment of

the property before judgment was ordered and the same made

absolute. Pursuant to the decree passed in the suit, since the

suit claim was not realized, the respondent/plaintiff filed

E.P.No.665 of 2018 for arrest of the petitioner/defendant,

whereupon, the trial Court directed the petitioner to pay the

decretal amount by 10.03.2020 or face arrest. Hence, this

Revision.

3. Originally, as against the judgment and decree of the

trial Court passed in the suit, the petitioner preferred an

appeal vide A.S.No.598 of 2018 and, along with the said appeal,

he also filed C.M.P.No.15576 of 2018 for interim stay. On

18.03.2019, this Court passed a conditional order of stay on

condition that the petitioner should deposit 50% of the decretal

amount and on further condition that failing to deposit the same

would lead to dismissal of the petition without any further

notice. However, the said amount has not been deposited by the

petitioner. Therefore, no order of stay exists in the first

appeal pending before this Court. Similarly, when this Civil

Revision Petition came up before this Court for the first time

on 11.03.2020, an order of interim stay of the impugned

proceedings in E.P.No.665 of 2018 in O.S.No.163 of 2015 was

passed for a period of four weeks, subject to the condition that

the petitioner should pay a sum of Rs.1,50,000/- to the credit

of the E.P., failing which, the said order would get vacated

automatically without any further reference to the Court. Even

the said order of this Court has not been complied with by the

revision petitioner. Hence, virtually, no order of any interim

stay exists in the impugned proceedings. The trial Court also

observed that the petitioner possessed the property worth about

Rs.60.00 lakhs. The lackadaisical attitude and dilatory tactics

of the revision petitioner in not complying with the orders of

the trial Court and also this Court would show the scant regard

of the petitioner for the Court. If the petitioner were a law

abiding citizen, to prove his bona fides, he ought to have

complied with the interim orders of this Court either in the

first appeal proceedings or even in this civil revision

petition. Admittedly, the petitioner has not done that. This

attitude of evasion cannot be sustained in the eye of law. Given

that situation, filing or pen