K NAVEEN CHANDAR Vs. CANARA BANK

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Article 227 of Constitution of India, against the order passed in I.A No,636 of 2008 in O.S. No,5842 of 1999 on the file to the XVII Assistant Judge City Civil Court, Chennai, dated 25.06.2008.) The civil revision petitioner/defendant have projected this civil revision petition before this Court as against the order dated 25.06.2008 in I.A No,636 of 2008 in O.S. No,5842 of 1999 passed by the learned XVII Assistant Judge City Civil Court, Chennai, directing the petitioners to deposit a sum of Rs.1 lakh into the Court on or before 24.06.2008 and further the matter has been directed to be posted on 25.06.2008.

(2.) THE trial Court while passing orders in I.A No,636 of 2008 has inter-alia opined that "since the suit itself was for the recovery of the outstanding on the Cancard facility extended to the petitioners and the suit was decreed long back and also since the petitioners have not denied their liability, it is deemed fit that the conditional order shall be passed in this matter and accordingly passed a conditional order of directing the petitioners to deposit a sum of Rs. 1 lakh into the Court on or before 25.06.2008 for allowing the application etc."

(3.) IT is pertinent to point out that this Court in C.R.P. (NPD) No,2187 of 2008 and M.P.No.1 of 2008 on 09.07.2008 has passed a conditional order of stay subject to the petitioners depositing a sum of Rs.1 lakh to the credit of E.P. No. 1141 of 2007 in O.S. No,5842 of 1999 on or before 15.07.2008 failing which the interim stay granted shall stand vacated automatically without reference to this Court and the respondent/decree holder is at liberty to proceed with the Execution Petition.