Mrs.K.Madheswari v. The Chairman Cum Managing Director,

W.P.No.1119 of 2020 and W.M.P.Nos.1352 & 1356 of 2020 M. DHANDAPANI, J.

This petition has been listed under the caption "For Clarification" at the instance of the Registry.

2. This Court, vide order dated 17.02.2020 had permitted the Registry to receive the sum of Rs.4,61,864/- which was directed to be paid by petitioner in the form of bank guarantee. In compliance of the same, the petitioner had also given a fixed deposit favouring the Registrar General for the amount of Rs.4,61,864/-. However, when the petition came up for hearing on 03.12.2021, the petitioner sought permission of this Court to withdraw the petition, which prayer was granted. However, as no order was passed with regard to the amount lying in deposit, Registry has come up before this Court soliciting orders.

3. In view of the fact that the petition has been filed challenging the penalty imposed by the 5th Respondent to the tune of Rs.4,61,864/- and the petitioner having withdrawn the Writ Petition, Registry is directed to pay the said amount lying in fixed deposit, which is due and payable to the 5th respondent and the 5th respondent is directed to give credit to the amount received from the Registry in favour of the petitioner for the amount due and payable by him to the 5th respondent.

13.07.2022 NHS

M. DHANDAPANI, J.

NHS W.P.No.1119 of 2020 and W.M.P.Nos.1352 & 1356 of 2020 13.07.2022

W.P. NO. 1119 OF 2020 AND W.M.P. NOS. 1352 & 1356 OF 2020 M.DHANDAPANI, J.

This matter is listed today under the caption "For Being Mentioned" at the instance of the Registry.

2. It is brought to the notice of this Court that in para-3 of the order dated 13.07.2022 in the above writ petition, while this Court had had directed the Registry to pay the said amount lying in fixed deposit, to the 5th respondent, however, insofar as the interest which has accrued on the said sum, while it was lying in fixed deposit, no direction has been issued by this Court. Therefore, Registry seeks clarification in this regard.

3. This Court perused the said order, more particularly, para-3, to which this Court's attention was drawn, where this Court had directed the payment of Rs.4,61,864/- (Rupees Four Lakhs Sixty-One Thousand Eight Hundred and Sixty Four only) lying in fixed deposit to be paid to the 5th respondent, however, with regard to the interest which has accrued on the said sum, no direction has been issued.

4. In the above circumstances, para-3 of the order dated

13.07.2022 shall stand modified as under :- "3. In view of the fact that the petition has been filed challenging the penalty imposed by the 5th Respondent to the tune of Rs.4,61,864/- (Rupees Four Lakhs Sixty-One Thousand Eight Hundred and Sixty Four only) and the petitioner having withdrawn the Writ Petition, Registry is directed to pay the amount of Rs.4,61,864/- (Rupees Four Lakhs Sixty-One Thousand Eight Hundred and Sixty Four only), which is lying in fixed deposit along with accrued interest, which is due and payable to the 5th respondent and the 5th respondent is directed to give credit to the entire amount received from the Registry in favour of the petitioner towards the dues payable by the petitioner to the 5th respondent."

5. Registry is directed to carry out the necessary correction and issue fresh order copies to the parties.

13.02.2023 NHS/GLN

M.DHANDAPANI, J.

NHS/GLN W.P. NO.1119 OF 2020 13.02.2023