V. BHASKARAN Vs. ADHAVAN CHITS (P) LTD.

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 01.10.2013, passed by the learned District Munsif, Turaiyur in E.A. No. 35 of 2010 in E.P. No. 29 of 2008 in AR. O.P. No. 31 of 2004.

(2.) The petitioners are the judgment debtors in E.P. No. 29 of 2008 pending on the file of the District Munsif Court, Turaiyur. The said execution petition was filed by the respondent/plaintiff to execute the Award passed under the Chit Funds Act against the petitioners/judgment debtors. Before the executing Court E.A. No. 35 of 2010 was filed by the petitioners/judgment debtors under Section 34 CPC read with 115 CPC to set aside the interest portion under the Award dated 27.06.2005 since the interest awarded is exorbitant interest and not in accordance with Section 34 of CPC. A counter was also filed by the respondent in E.A. No. 35 of 2010 stating that the Award passed against the petitioners has become final as no appeal has been filed by the petitioners as against the said Award as per the provisions of the Chit Funds Act. Further, it is stated that since the Award has become final, the executing Court cannot go behind the Award and the only remedy available to the petitioners is to file an appeal as per the provisions of the Chit Funds Act.

(3.) By order dated 01.10.2013, the executing Court closed E.A. No. 35 of 2010 since the petitioners made an endorsement.