Tamilnadu Mercantile Bank v. S.P.Murugesan

Judgment debtors Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the Docket order dated 28.08.2023 in Review Petition Filling No.5914 of 2023 in E.P.No.153 of 2016 in O.S.No.39 of 2006 on the file of the Sub Judge, Uthamapalayam and direct the learned Sub Judge to number the same by allowing this civil revision petition. For Petitioner : Mr.K.Guhan ORDER The Civil Revision Petition is directed against the order of return dated 28.08.2023 questioning the maintainability of the review petition.

¶2The learned counsel appearing for the revision petitioner would submit that the revision petitioner/decree holder has laid the execution petition in E.P.No.153 of 2016 in O.S.No.39 of 2006 claiming Rs.2,97,097.80 and the respondents/judgment debtors have entered into appearance and they have filed a Full Satisfaction Memo stating that they have paid Rs.50,000/-, that the revision petitioner/decree holder has filed a Calculation Memo disputing the contention raised by the respondents/ judgment debtors, stating that Rs.2,66,696/- is still pending, that the learned Subordinate Judge, recording the Full Satisfaction Memo filed by the respondents/judgment debtors, terminated the E.P. proceedings and that therefore, the revision petitioner/decree holder was constrained to file the review petition.

¶3This Court is at loss to understand as to how the learned Subordinate Judge, has recorded Full Satisfaction at the instance of the judgment debtor, when the same was disputed by the decree holder. It is also not known as how and on what basis, the Executing Court directed the nationalized Bank not to insist for interest anymore.

¶4Considering the above facts and circumstances and also the submission made by the learned counsel appearing for the revision petitioner, the return of the review petition made by the learned Subordinate Judge is not proper and is not in accordance with law. Hence, the learned Subordinate Judge, Uthamapalayam is hereby directed to take the review petition on file, if it is otherwise in order and to proceed in accordance with law, uninfluenced by the observation of this Court.

¶5With the above direction, this Civil Revision Petition is disposed of. No costs.

01.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm Note : Registry is directed to return the original papers to the revision petitioner, after getting necessary acknowledgments. K.MURALI SHANKAR

,J.

csm To

¶1The Subordinate Court, Uthamapalayam.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. Dated : 01.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Tamilnad Mercantile Bank represented by its Branch Manager J.Gajendran ... Petitioner/ Petitioner/ Petitioner/ Decree holder Vs. 1. S.P.Murugesan 2. V.Vijayarajan ... Respondents/ Respondents/ Respondents/