S R SUBRAMANIAM Vs. SYNDICATE BANK

JUDGEMENT

(1.) THIS civil revision petition is filed against the order dated 7.4.2010 passed by the Additional District Judge/Fast Track Court No.II, Salem, in R.E.P.No.59 of 2005 in O.S.No.83 of 2004.

(2.) THE facts in nutshell would run thus: (i) THE first respondent herein obtained a money decree and it filed the REP No.59 of 2009, so as to get arrested the revision petitioner/judgment debtor for the purpose of recovering the decretal amount. THE matter was contested. (ii) On the side of the first respondent/decree holder one Vasudevan was examined as P.W.1 and no document was marked. On the side of the revision petitioner/judgment debtor, the revision petitioner herein examined himself as R.W.1 and Exs.B1 and B2 were marked. (iii) Ultimately, the Executing Court rejected the plea of the revision petitioner/judgment debtor that he was a man of no means as on that date.

(3.) WHILE arguing, the learned counsel for the revision petitioner/judgment debtor has also submitted that the revision petitioner is for settling once and for all the matter and on his representation, the bank also has come forward for negotiations and sent communication to the revision petitioner.