R.Karnan v. Shriram Chits Tamilnadu (Private) Ltd

ORDER Challenging the attachment order passed by the Executing Court in EP No.4776 of 2023 in A.R.C.No.1297 of 2010, the 3rd and 4th judgment debtors have preferred the above revision.

¶2The revision petitioners are the 3rd and 4th judgment debtors in EP No.4776 of 2023, which was arisen out of an Arbitration Award in A.R.C.No.1297 of 2010.

¶3Learned counsel for the petitioners submits that the amount calculated in the execution petition is erroneous and the revision petitioners/judgment debtors have paid certain amounts, which have not been considered and without deducting these amounts, the respondents have come forward for a claim of Rs.9,00,000/-, as such, is erroneous. Since they are guarantors, they want to file objection before the executing court, but proper opportunity was not given to them. Therefore, the revision petitioners filed the above revision seeking to set aside the order of attachment passed by the executing court.

¶4Learned counsel for the respondents raised objection stating that Arbitration Award in A.R.C.No.1297 of 2010 was passed on 30.03.2011 and the suit claim was Rs.3,35,000/- (Rupees Three Lakhs Thirty Five Thousand Only) and these revision petitioners are guarantors and they have not contested the arbitration proceedings and therefore, they are bound by the Award passed by the Court and hence, the executing court has rightly attached the salary of the revision petitioners/judgment debtors, which requires no interference.

¶5I have considered the submissions made by the learned counsel on either side and perused the materials available on record.

¶6Considering the fact that these two revision petitioners/judgment debtors are salaried persons, stood as guarantors for the 2nd respondent/A.Arunkumar herein and they have paid certain amounts, which were not included. To give one more opportunity, this Court is inclined to set aside the order of attachment passed by the executing court with a condition that the petitioners are directed to deposit a sum of Rs.1,00,000/-(Rupees One Lakh only) each before the executing court within a period of five weeks T.V.THAMILSELVI.,J sr from the date of receipt of a copy of this order and on such deposit, the executing court is directed to raise the order of attachment and give one more opportunity to the revision petitioners/judgment debtors to submit their objections.

¶7On hearing the objections, the executing court shall proceed with the execution petition and dispose of E.P.No.4776 of 2023 within a period of four months.

¶8On such deposit, the decree holder is permitted to withdraw the amount.

¶9With the above direction, the civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

12.06.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order To The X Assistant Judge, City Civil Court, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-06-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 1864 of 2026 and CMP No.8366 of 2026 1. R.Karnan Office Assistant, Emploee No.0484, P.F.No.L.B.201/56, Token No. 33291, O.P. Computer Section, Secretariat Assembly, Fort St. George, Chennai-6000 09 and another 2. G. Srinivasan The Revenue Manager, P.F.No.11505, C.P.S.T.N .E.B TANGEDCO, Gandhi Nagar, Sembiam, Chennai 011. Petitioner(s) Vs 1. Shriram Chits Tamilnadu (Private) Ltd Rep. by its Senior Law Officer, Adyar Branch, Chennai-600 020. 2.A. Arunkumar No.1/5, 21st Cross St, Venkateswara Nagar, Ramapuram, Chennai 089. 3.A. Kalaivani No.1/5, 21st Cross St, Venkateswara Nagar, Ramapuram, Chennai 089. Respondent(s) Revision filed under Article 227 of Constitution of India to set aside the attachment for salary 3rd and 4th judgment debtors dated 02.03.2026 passed by X Assistant Judge, City Civil Court, Chennai in EP No.4776 of 2023 in A.R.C.No.1297 of 2010. For Petitioner(s): S.Seshadhri For Respondent(s): Mr.P.Ravi Shankar For R.2 and R.3 R.1 – No apperance