Madras High Court
CRP/6173/2026 of S.Loganathan Vs Shriram Finance Limited on 6 October 2026
CRP No. 6173 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6173 of 2026
and
CMP.No.26735 of 2026
CNR: {HCMA011506342026}
1. S.Loganathan
S/o. K.Singaperumal,
No.5/307, Periyar Street,
Periya Venjiyampakkam,
S.P.Kovil, Chengalpattu Taluk and
& District 603 204.
2. K.Karthick
S/o. Kumar,
No.7/88, Pillayar Koil Street,
Thirutheri, S.P.Kovil,
Chengalpattu Taluk and District 603 204.
..Petitioners
Vs
M/s.Shriram Finance Limited
(Formerly known as M/s. Shriram Transport Finance Company Limited), Rep. by its Power Agent A.Sathish, Head Office at ‘Sri Towers’, No.14A, South Phase, Industrial Estate, Guindy, Chennai 600 032.
Having Branch Office at
No.68, HIG NG-1, 1st Floor,
Shivani Garden, Anna Salai,
Maraimalai Nagar,
Chengalpattu District 603 209.
..Respondent(s)
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CRP No. 6173 of 2026
Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the arrest order dated 30.07.2025 in EP No.66 of 2024 in Arbitration Case No.244 of 2020 passed by the Mahila Court, Chengalpattu.
For Petitioners :
Mr.M.Dinesh Sharma
For M/s.S.Lakshmi Narayanan
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ORDER
The Civil Revision Petition is filed challenging the order passed by the Executing Court, directing arrest of the petitioner.
2. It is seen from the typed set of papers, the respondent herein obtained an Arbitration Award for the recovery of money against the petitioners. Since the petitioners failed to pay the amount as per the Arbitration Award, the respondent filed an Execution Petition on the file of the Principal District Court, Chengalpattu against the petitioners, who were arrayed as respondents therein.
3. In the Execution Petition, notice was served on the 1st respondent therein and he failed to appear. Therefore, the 1st respondent was set ex parte in the execution proceedings on 12.9.2024. Later, the other respondent in the Execution Petition was also set ex parte and a witness was examined on behalf of the petitioner in the Execution Petition. Having satisfied with regard to the means of JDs, the Executing Court, by order dated 30.07.2025, directed arrest of the respondents therein. Aggrieved by the said order, the respondents therein
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CRP No. 6173 of 2026
have filed this civil revision petition merely after one year.
4. The learned counsel appearing for the petitioners would submit that the appointment of an Arbitrator was not in accordance with law and therefore, the impugned order of arrest passed by the Executing Court is liable to be set aside. If the appointment of an Arbitrator, was not in accordance with law, the petitioners could have very well challenged the award by filing a petition under Section 34 of the Arbitration Act. The petitioners have not taken any steps to challenge the award. Till date, even after service of notice in the Execution Petition, the petitioners failed to appear before the Executing Court and raise objection with regard to the executability of the decree. Having remained ex parte throughout before the Executing Court, the petitioners are not entitled to challenge the order of arrest passed by the Executing Court. The points, which ought to have been raised by the petitioners in a Section 34 application or atleast before the Executing Court cannot be raised in this revision petition.
5. Hence, the Civil Revision Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kak
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CRP No. 6173 of 2026
Copy to The learned Judge, Mahila Court, Chengalpattu.
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CRP No. 6173 of 2026
S.SOUNTHAR, J. kak CRP No. 6173 of 2026 06-10-2026
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