IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.08.2017
C O R A M
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ
C.R.P.(NPD) Nos.2454 and 2455 of 2017 and C.M.P.Nos.11621 and 11622 of 2017 1.K. George
2. K. Mohan
3. Bharathi Raja
4. K. Prabhudass ... Petitioners in both the CRPs Vs.
Sri Ram Chits Tamil Nadu Private Ltd., No.806, T.H.Road, Old Vannarapet, Tondiarpet Branch, Chennai – 81. ... Respondent in both the CRPs PRAYER: Civil Revision Petition filed under Section 115 of the Civil Procedure Code, to set aside the Order and decreetal Order passed in E.P.No.2844 of 2015 in ARC No.310 of 2014 and E.P.No.2846 of 2015 in ARC No.310 of 2014 respectively on the file of the X Assistant City Civil Court, Chennai dated 23.12.2016.
For Petitioner : Mr.C.K.M. Appaji (in both the CRPs) C O M M O N O R D E R The petitioners are the judgment debtors. The present Civil Revision Petitions are filed by the petitioners challenging the order passed in E.P.No.2844 of 2015 in ARC.No.310 of 2014 on the file of the X Assistant City Civil Court, Chennai. The petitioners have not preferred any appeal assailing the award as provided under the Act. The award has become final.
2. The decree holder has filed an Execution Petition, wherein the petitioners herein have filed a counter stating that they have already preferred an appeal. However, no proof of having filed an appeal, has been produced before the Execution Court. The petitioners/Judgment Debtors have not paid any amount towards the decree. Therefore, the Execution Court ordered attachment of salary as prayed in the Execution Petition.
3. The petitioners/Judgment Debtors have filed the present revision against the order of the attachment of salary. As long as the award is executable, the execution Court can pass appropriate orders in executing the decree. The judgment debtors have to work out their remedies before the Execution Court. The Civil Revision Petition does not disclose any valid reason for setting aside the order passed by the Execution Court.
4. In the result, Civil Revision Petitions are dismissed with a direction to the petitioners/Judgement Debtors to work out their remedies in the manner known to law. No costs. Consequently connected Civil Miscellaneous Petitions are closed.
02.08.2017
Index : Yes/No Internet : Yes/No rpl To The X Assistant City Civil Court, Chennai M.GOVINDARAJ,J.
rpl C.R.P.(NPD) Nos.2454 and 2455 of 2017 and C.M.P.Nos.11621 and 11622 of 2017
02.08.2017