M/S.Sri Aravindar Educational Trust v. M/S.Kotak Mahindra Bank Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Eighth day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice R. MAHADEVAN CRIMINAL MISCELLANEOUS PETITION NO.236 OF 2020 IN CRL.RC.NO.1367 OF 2019 1 M/S.SRI ARAVINDAR EDUCATIONAL TRUST, [ PETITIONERS ] REP. BY ITS AUTHORISED SIGNATORY S.NITHYANANDAM 2 S.NITHYANANDAM Vs M/S.KOTAK MAHINDRA BANK LIMITED, [ RESPONDENT ] REP. BY ITS CHIEF MANAGER, PONRAJ THANGADURAI Petition praying that in the circumstances stated therein the High Court will be pleased to extend the time limit for payment of 1st installment of deposit of Rs.20,00,000/- (Rupees Twenty Lakhs only) up to 4th January 2020 by order dated 6/12/19 in Crl.MP.No.18145 of 2019 in Crl.R.C.No.1367 of 2019 Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. R.

RAJARAJAN, Advocate for the petitioner and of M/S.ANANDA GOMATHY on behalf of the Respondent the court made the following order:- This Criminal Miscellaneous Petition is filed by the petitioners seeking to extend the time limit for payment of first instalment of deposit of Rs.20,00,000/- (Rupees twenty lakhs only) imposed by the order dated 06.12.2019 in Crl.M.P.No.18145 of 2019.

2. Heard both sides.

3. This Court is of the opinion that it has shown enough leniency and directed the petitioner to deposit a sum of Rs.50,00,000/- in two instalments, first by 20.12.2019 and second by 20.01.2020. Despite the same, after granting sufficient opportunity, the second part of the order has not been complied with till date.

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4. In such view of the matter, condition (f), in paragraph No.5 of the order dated 06.12.2019 passed in the Criminal Miscellaneous Petition No.18145 of 2019 in Crl.R.C.No.1367 of 2019, is to be strictly adhered to by the trial court to commit the petitioner into custody.

5. With the above direction, this Criminal Miscellaneous Petition is dismissed.

6. List the Criminal Revision Case in the usual course. -sd/- 28/02/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE METROPOLITAN MAGISTRATE, FAST TRACK COURT NO.IV, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE XV ADDITIONAL SESSIONS COURT, CHENNAI.

+1C.C. to M/S. R.RAJARAJAN Advocate on payment of necessary charges SR NO.4061 Order in CRL MP.236/2020 in CRL RC.1367/2019 Date :28/02/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:04/03/2020 https://hcservices.ecourts.gov.in/hcservices/