ARIHANT ENTERPRISES REP BY ITS AUTHORISED AGENT CAMP AT COLIX BEVERAGES LTD Vs. PRATEESH ENGINEERING ENTERPRISES REP BY ITS PARTNER RAMESH PRABHAHARAN

JUDGEMENT

(1.) This revision petition filed under Article 227 of the Constitution is directed against an order in E.A.No.4 of 2018 in E.P.No.8 of 2007 in I.F.C./C.R/47/2002 on the file of Additional District Court, Cuddalore.

(2.) In order to appreciate the controversy raised herein a narration of facts leading to the current issue is essential. They are:

(3.) It is in these circumstances, the 1st respondent had filed E.A.No.6 of 2018 for restoring the execution petition dismissed for default along with E.A.No.5 of 2018 for condoning a delay of 894 days in preferring the application for restoring the E.P. While these two applications where directed against the judgment debtor(2nd respondent herein) in the E.P., the 1st respondent has also filed E.A.No.4 of 2018 for restraining the present appellant (the auction purchaser under the ''SARFAESI Act'') from removing the movables (the plant & machinery of the 2nd respondent) till the disposal of the E.A. This was contested by the appellant herein in its counter wherein it had narrated all the material facts relevant to justify its title obtained under the auction sale. The execution court heard the matter in part and passed an order of status quo on 20.03.2018 and posted the matter to the next day, 21.03.2018. After hearing both sides, the execution court posted the matter for pronouncing orders to 04.04.2018 and passed an order to maintain the status quo of the property scheduled in E.P.No.8 of 2007. This order is now under challenge.