BRAKEWEL AUTOMOTIVE COMPONENTS (INDIA) PVT. LTD. Vs. P.R. SELVAM ALAGAPPAN
LAWS(SC)-2017-3-23
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on March 21,2017

Brakewel Automotive Components (India) Pvt. Ltd. Appellant
VERSUS
P.R. Selvam Alagappan Respondents

JUDGEMENT

AMITAVA ROY,J. - (1.) Leave granted.
(2.) The subject matter of impeachment is the order dated 3.6.2016 rendered in CRP (NPD) 1499 of 2016 and CMP No. 8225 of 2016 by the High Court of Judicature at Madras, thereby rejecting the prayer of the appellant/plaintiff/decree-holder (for short, hereinafter to be referred to as "the appellant") to eschew evidence of the respondent/defendant/judgment-debtor (for short, hereinafter to be referred to as "the respondent") in a proceeding under Section 47 of the Code of Civil Procedure, 1908 (as amended) (hereinafter to be referred to as "CPC/Code"), as well as to dismiss such application as not maintainable. By the order impugned, the High Court has affirmed the determination made to the same effect by the Executing Court.
(3.) We have heard Mr. J.S. Bakshi, learned counsel for the appellant and Mr. M.P. Parthiban, learned counsel for the respondent.;


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