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2024 DAILYLAW 5106 (MAD)

K. RATHINAGIREESWARAN v. M/S. SHRIRAM CITY UNION FINANCE LTD

CRP/413/2024 · 2026-08-06

P B Balaji

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP No. 413 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI CRP No. 413 of 2024 and CMP No.1963 of 2024 K. Rathinagireeswaran S/o.Kuppusamy, No.23, V.Nagar, Road No.19, Rasipuram, Namakkal District 637 408. ..Petitioner(s) Vs M/s. Shriram City Union Finance Ltd Rep. by its representative Having office at No.123, Angappa Naicken Street, Chennai 600 001. Having Branch office at Rasipuram and having Recovery Office at 464, J.R.Complex, Gugai, Salem. ..Respondent(s) Prayer: Civil Revision Petition is filed under Section 115 of CPC to set aside the fair and decreetal order dated 05.10.2023 passed in R.E.A.No.01 of 2022 in R.E.P.No.14 of 2021 in A.O.P.No.189 of 2013 on the file of the Subordinate Court, Rasipuram. For Petitioner(s): Mr. P.Vimal Raj For Respondent(s): Mr.A.Swaminathan __________ Page1 of 4 https://www.mhc.tn.gov.in/judis CRP No. 413 of 2024 ORDER This Civil Revision Petition has been filed to set aside the fair and decreetal order dated 05.10.2023 passed in R.E.A.No.01 of 2022 in R.E.P.No.14 of 2021 in A.O.P.No.189 of 2013 on the file of the Subordinate Court, Rasipuram. 2. Pending Civil Revision Petition, the petitioner has come forward to pay a sum of Rs.4,07,777/- as claimed by the respondent in the execution petition in six instalments. 3. Today, the petitioner filed an undertaking affidavit dated 06.08.2026 before this court, wherein, he undertakes to pay the claim amount of Rs.4,07,777/- (Rupees four lakhs seven thousand seven hundred and seventy seven only) to the respondent in six monthly installments. The schedule of payment set out in paragraph No.5 of the affidavit is extracted here under:- 1st instalment -Rs.67,963/- on or before 01.09.2026 2nd instalment -Rs.67,963/- on or before 01.10.2026 3rd instalment -Rs.67,963/- on or before 01.11.2026 4th instalment -Rs.67,963/- on or before 01.12.2026 5th instalment -Rs.67,963/- on or before 01.01.2027 6th instalment -Rs.67,962/- on or before 01.02.2027 __________ Page2 of 4 https://www.mhc.tn.gov.in/judis CRP No. 413 of 2024 4. The learned counsel for the respondent, on instructions from the respondent states that the respondent has agreed to receive the amount, as per the schedule, however, without prejudice to his right. 5. Recording the submissions and the undertaking affidavit filed by the petitioner, this civil revision petition is disposed of. It is made clear that in the event of any default committed by the petitioner in payment of any one of the installments, as agreed, the respondent is at liberty to execute the award in his favour by proceeding with E.P.No.14 of 2021 in the manner known to law. There shall be no order as to costs. Connected miscellaneous petition is closed. 06-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The Subordinate Judge, Rasipuram. __________ Page3 of 4 https://www.mhc.tn.gov.in/judis CRP No. 413 of 2024 P.B.BALAJI, J. MST CRP No. 413 of 2024 06-08-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis