Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 27414 (MAD)

K.Tamilselvi v. Margadarsi Chits Private limited

CRP/2894/2026 · 2026-06-01

T V Thamilselvi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP No. 2894 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-06-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 2894 of 2026 AND CMP NO. 11828 OF 2026 K.Tamilselvi W/o.M.D.Thangavel, Higher Grade Assistant, Life Insurance Corporation of India, Branch Code 0749, No.45, New Agraharam, Dindigul 624 001 ..Petitioner(s) Vs 1. Margadarsi Chits Private limited Having its office at No.186-3, 3rd Floor, Jai Sai Enclave, Omalur Main Road, Sri Nagar Colony, Salem 636 004 Rep by its Foreman, P.Mohanraj 2. M.D.Thangavel S/o A.Duraiyan, No.27/2, G.M.Apartment, Kondu Nagar, Athani Road, Sathyamangalam, Erode 638 401 3. P.Shanmugam S/o R.Perumal, No.45/23, Jeeva Nagar, Kanagapuram Post, Vellode (Via), Erode 638 112 4. G.P.Rajaram S/o D.Perumalraj, No.27, Anthiyur Main Road, S.Ganapathypalayam, P.K.Pudur (Post), Gopi (Taluk), Erode 638 476 https://www.mhc.tn.gov.in/judis CRP No. 2894 of 2026 __________ Page2 of 5 5. G.Venkatesh S/o N.Govindasamy, No.4/544, Kuppichipalayam, Dharapuram Main Road, Pollikalipalayam Tiruppur 641 665 ..Respondent(s) PRAYER Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the fair and decreetal order dated 29.07.2025 passed by the Ld 1st Additional Subordinate Court Salem, in EP.No.28 of 2023 in ARC.No.27 of 2017 and set aside the same. For Petitioner(s): Mr.M.Dinesh For Respondent(s): Mr.D.Shivakumaran For R1 ORDER Challenging the impugned order of attachment of salary made by the Executing Court/I Additional Subordinate Court, Salem in E.P.No.28 of 2023, the Revision Petitioner/2nd Judgment Debtor had preferred this Civil Revision Petition. 2. Today, when the matter is taken up for hearing, both the learned counsel for Revision Petitioner/2nd Judgment Debtor and 1st respondent/decree holder appeared. https://www.mhc.tn.gov.in/judis CRP No. 2894 of 2026 __________ Page3 of 5 3.The learned counsel for 1st respondent/Decree holder would submit that the award was passed on 04.02.2019 and arbitration proceedings was also known to the Revision Petitioner, who had appeared through his counsel, but failed to submit their objections and they were aware of entire proceedings. Therefore, he raised objections. The learned counsel also contended that the order of attachment passed by the Executing Court is justifiable one. The Revision Petitioner also aware of entire proceedings. She is an employee. Therefore, the Executing Court has ordered to attach the salary of Rs.6707/- as such is valid one. Hence, he prayed to dismiss this Civil Revision Petition. 4.The learned counsel for Revision Petitioner/2nd Judgment Debtor would submit that her husband/1st Judgment Debtor owned a property, which is worth about more than Rs.1 crore and the said property was also attached, which is sufficient to realise the decree amount. Therefore, he raised objections in respect of attaching the salary of Revision Petitioner/2nd Judgment Debtor. But, the learned counsel for 1st Respondent/Decree Holder would submit that the property belongs to 1st Judgment Debtor is subjected to several other debts. Therefore, they have given sufficient time, but they are not inclined to settle the amount. 5.Heard and considered rival submissions made on either side and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRP No. 2894 of 2026 __________ Page4 of 5 6.Considering both side submissions, this Court is inclined to set aside impugned fair and decreetal order of attachment of salary passed in E.P.No.28 of 2023 in A.R.C.No.27 of 2017 by the I Additional Subordinate Court, Salem. Liberty is granted to Revision Petitioner/2nd Judgment Debtor to approach the 1st respondent/Decree Holder to settle the issue as per manner known to law. Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed. 01-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RPP To The I Additional Subordinate Court, Salem. https://www.mhc.tn.gov.in/judis CRP No. 2894 of 2026 __________ Page5 of 5 T.V.THAMILSELVI J. RPP CRP No. 2894 of 2026 AND CMP NO. 11828 OF 2026 01-06-2026 https://www.mhc.tn.gov.in/judis