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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Mala, J
M/s.B.J.Expo Pvt Ltd – Appellant
Versus
M/s.Ychem Agency – Respondent
| Table of Content |
|---|
| 1. background of original decree and execution proceedings (Para 2) |
| 2. submissions on status of suit and request for continued interim stay (Para 3 , 4) |
| 3. court holds petition infructuous yet grants conditional interim stay (Para 5 , 6 , 7) |
ORDER
Civil Revision Petition is filed challenging the order in E.A.No.1 of 2024 in E.P No. 35 of 2023, dated 29.09.2025 dismissing the petitioner’s petition under Order 21 Rule 26 of CPC r/w. Section 151 to stay the execution proceedings till disposal of the delivery in O.S.No.713 of 2024.
2.The respondent filed suit in O.S.No.3375 of 2012 for recovery of sum of Rs.16,27,164/- including interest at 24% per annum on Rs.9,70,867/- from 04.06.2012, till the date of realisation and for costs. The suit was decreed ex parte on 12.10.2012. Pursuant to the judgment in O.S.No.3375 of 2012, the respondent filed EP.No.35 of 2023 for execution of decree in O.S.No.3375 of 2012. The petitioner instead of filing an application to setaside the ex parte decree, filed a suit in O.S.No.713 of 2024 to declare the judgment and decree passed in O.S.No.3375 of 2012, dated 12.12.2012 as null and void. The petitioner thereafter filed petition in E.A.No.1
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