Madras High Court

CRP/5240/2025 of K.VAITHILINGAM Vs M/s. Jayapriya Chit Funds (P) Ltd. on 26 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-10-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP No. 5240 of 2025 and

CMP No.26691 of 2026

CNR: {HCMA012367202025}

K.Vaithilingam

S/o. Krishnamoorthy, Perumal Kovil Street, Kulumoor Post, Sendurai Taluk, Ariyalur District 621 714

..Petitioner(s)

Vs

1. M/s. Jayapriya Chit Funds (P) Ltd.

Rep by Foreman, Branch Office, No. 6/4,

Main Road, Neyveli Township,

Neyveli 607803

2. M. Tamizhselvan

S/o. V.Murugesan Middle Street,

Nanthiyankudikadu, Cholan Kudigadu Post, Sendurai Taluk, Ariyalur Dist.

3. S. Neethipathi, S/o. Srinivasan,

No.1/52 East Street, Irumbulikurichi Post, Sendurai Tk, Ariyalur Dist.

4. R. Kalaiselvi, W/o. P.Sivagurunathan No.1/28, South St, Kurichikulam, Asaveerankudikadu Post, Sendurai Taluk, Ariyalur Dist.

5. M.Balakrishnan, S/o. Marimuthu, No. 4/298, South street, Kulumur Post, Sendurai Taluk, Ariyalur Dist.

6. R.Selvamani, S/o. C.Rengasamy No. 2/257, South Street, Maruvathur Post, Sendurai Taluk, Ariyalur Dist.

7. S.Anbazhagan, S/o. K.Sengan ,

No. 3/56, Middle Street, Thungapuram Post, Kunnam Taluk, Ariyalur Dist.

8. T.Padmavathi, W/o. Ganesan,

No. 5/9, 3rd Cross, West Mail Road, Pennadam, Thittakudi Taluk, Cuddalore Dist.

9. G.Seenivasaga Selvarani

W/o. Shanmugam Uganthanayagankudikadu,

Manappathur Post,

Sendurai Taluk, Ariyalur Dist.

10.N. Mullainathan

S/o. P.Nadarajan No. 105, Aaladi Road, P.V.G.

Theatre Opp. Virudhachalm Post and Taluk, Cuddalore Dist.

..Respondent(s)

Prayer: Civil Revision Petition is filed under Section 115 of CPC to set aside the impugned salary attachment order dated 04.08.2025 passed in EP No 20 of 2018 in Arb No. 318 of 2016 on the file of the Principal District and Sessions Judge at Ariyalur to prevent continuing financial hardship and irreparable loss to the Revision petitioner and Respondents 2 to 10.

For Petitioner(s):

Mr.T.Deenadadhayalan

For Respondent(s):

Mr.V.Rajesh Babu for R1

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ORDER

This Civil Revision Petition has been filed, challenging the docket order passed by the Executing Court, ordering attachment of salary.

2. It is not in dispute that the first respondent herein/plaintiff obtained an Arbitral Award from the Deputy Registrar of Chits, Cuddalore in Arb.No.318 of 2016 against the petitioner. On the date of filing of the Execution Petition in E.P.No.20 of 2018, the outstanding amount payable by the judgment debtor is Rs.27,63,177.00. It is also an admitted fact that till date, the petitioner has paid a sum of Rs.6,45,000/- before the Executing Court. When the execution petition was posted on 04.08.2025 for making further payment, the petitioner failed to make any further payment. Hence, the Executing Court has ordered attachment of the salary of the petitioner. Aggrieved by the same, the petitioner has come before this court by filing this civil revision petition.

3. When the matter was came up for hearing before this court on 28.09.2026, after hearing both the parties, this court passed the following order. “ 3. In the light of the above, I am inclined to give a final opportunity to the petitioner, subject to the following:

i) The petitioner shall go over to the registered office of the 1st respondent/ decree holder with a Demand Draft of Rs.5,00,000/- in favour of the 1st respondent.

ii) On tendering such Demand Draft for Rs.5,00,000/-, without prejudice to the claim amount of the 1st respondent, the 1st respondent shall meet the petitioner and the petitioner’s counsel and given an audience with regard to the settlement offer proposed by them and the same shall be reported to this court within a period of two weeks, i.e. on or before 09.10.2026.

4. Post the matter on 26.10.2026 ‘ for orders’. The interim order already granted is to continue till then.”

4. Today, the learned counsel for the 1st respondent/plaintiff would submit that the petitioner failed to meet the first respondent with a Demand Draft for a sum of Rs.5,00,000/- and further no proposal has been made with regard to the settlement.

5. The learned counsel appearing for the petitioner would submit that the petitioner failed to produce the demand draft to the first respondent as directed by this court, however, he seeks further time to comply with the direction of this court.

6. The impugned order has been passed by the Executing Court on 04.08.2025 for the failure of the petitioner to make further payment. Now, more than 14 months have gone. It is seen from the records that the petitioner failed to capitalise on the indulgence shown by this court. Ever after long time of 14 months, the petitioner has not paid any substantial amount to the first respondent. Therefore, this court is not inclined to interfere with the impugned order passed by the Executing Court.

7. Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The Principal District and Sessions Judge, Ariyalur.

S.SOUNTHAR, J. MST CRP No. 5240 of 2025 26-10-2026

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