IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.11.2010 CORAM THE HONOURABLE Mr. Justice M.VENUGOPAL M.P.No.1 of 2010 in A.S.No.830 of 2010 ORDER :
M.VENUGOPAL,J.
The Petitioners/Appellants/Defendants have filed a Memo mentioning that the conditional order dated 08.11.2010 in regard to the payment of Rs.2,50,000/- has been complied with by the Petitioners/Appellants/Defendants on 26.11.2010. The said Memo is duly recorded by this Court.
2.According to the Learned Counsel for the Respondent/Plaintiff in Execution Proceedings in E.P.No.8 of 2010 on the file of the Learned Additional District Judge, Fast Track Court I, Erode, a sum of Rs.12,50,000/- is due to be paid by the Petitioners/Appellants/ Defendants. The Learned Counsel for the Respondent/Plaintiff submits that since the Petitioners/Appellants/Defendants are liable to pay huge amount in Execution Proceedings, wherein the Petitioners are to pay a sum of Rs.12,50,000/-, this Court may impose an additional burden on the Petitioners/Appellants/Defendants by directing them to pay a further substantial sum as deemed fit and proper based on the facts and circumstances of the present case on hand.
3.In view of the fact that the Petitioners/Appellants/Defendants have complied with the conditional order of this Court dated 08.11.2010 in M.P.No.1 of 2010 in A.S.No.830 of 2010 by paying a sum of Rs.2,50,000/- through challan dated 26.11.2010 on the file of the trial Court, this Court, in the interest of justice, directs the Respondent/Plaintiff to withdraw the said sum of Rs.2,50,000/- without furnishing security.
4.Taking note of the fact that the Execution Proceedings No.8 of 2010 on the file of the trial Court is pending against the Petitioners/ Appellants/Defendants wherein a sum of Rs.12,50,000/- has been claimed by the Respondent/Plaintiff, this Court exercising its discretion directs the Petitioners/Appellants/Defendants to pay a further sum of Rs.1,50,000/- to the credit of E.P.No.8 of 2010 in O.S.No.9 of 2007 on the file of the Learned Additional District Judge, Fast Track Court I, Erode within a period of four weeks herefrom from the date of receipt of copy of this order. On such deposit being made by the Petitioners/ Appellants/Defendants, the Respondent/Plaintiff is permitted to withdraw Rs.1,50,000/- without furnishing security. The Registry is directed to list the matter thereafter. In the meanwhile, the Petitioners/Appellants/Defendants are directed to file a Memo that they have also complied with the conditional order passed by this Court. Till then, the interim stay is to continue. It is made clear if the additional burden of Rs.1,50,000/- imposed by this Court as per order dated 30.11.2010 is not complied with, then, the interim order of stay shall stand vacated automatically without any further reference to this Court.
30.11.2010
Index : Yes/No
Internet : Yes/No
Sgl
M.VENUGOPAL,J.
Sgl
M.P.No.1 of 2010 in
A.S.No.830 of 2010
30.11.2010