M.Abdul Malik v. The President,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.A.No.1297 of 2014 M.Abdul Malik .. Appellant -vs1.The President, Madras High Court, Co-operative Society Ltd., Chennai.

2.The Deputy Registrar of Co-operative Societies (Credit), Kuralagam, Chennai.

3.The Registrar General, High Court, Madras-104.

.. Respondents Appeal filed under clause 15 of the Letters Patent, against the order dated 31.07.2014 passed in W.P.No.11699 of 2014 on the file of this Court.

For Appellant : Mr.V.Bhiman For Respondents : Mr.M.S.Palanisamy for R-1 : Mr.R.Bala Ramesh, Addl. Govt. Pleader for R-2 : Mr.C.T.Mohan for R-3

J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) Learned counsel appearing for the 3rd respondent / Registrar General states that on enquiry from the L.I.C., it has been found that a sum of Rs.7,749/- (Rupees seven thousand seven hundred and forty nine only) is lying to the credit of Thiru.SA.Shreenivasan, which would, in normal circumstances, be payable to him alone. Similarly, the sum of Rs.46,313/- (Rupees forty six thousand three hundred and thirteen only) is lying to his credit, which would normally be paid to him. It is, thus, stated that the amounts can be credited to the loan account only under directions of this Court.

2.The principal debtor / employee, whose services were terminated with effect from 23.11.2007 having absconded, is still not traceable. We, thus, direct that these two amounts by the concerned authorities, be transferred in the name of the 3rd respondent, to be credited against the dues payable by Thiru.SA.Shreenivasan. 3.The matter, however, does not rest at this, since there are still outstandings due inclusive of interest calculated at 12% p.a. The concerned authorities would examine as to whether any concession on interest can be shown and the dependent on the same, thereafter, can proceed to recover the balance amount from the appellant in accordance with law. Learned counsel for the appellant states that there is a provision for adjustment of bad debts. That is an aspect to be examined by the respondents.

4.Writ Appeal, accordingly, stands closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The President, Madras High Court, Co-operative Society Ltd., Chennai.

2.The Deputy Registrar of Co-operative Societies (Credit), Kuralagam, Chennai.

3.The Registrar General, High Court, Madras-104.

4. The Accountant General (A&E) Teynampet, Chennai 18.

5. The Sub Asst. Registrar, Judicial Department, High Court,Madras.

6. The Registrar(Judicial) High Court, Madras.

7. The Divisional Manager, LIC of India (Group Insurance) IIIrd floor, Anna Salai, Chennai.

8. The Sub Asst. Registrar (Accounts Records) High Court, Madras. Copy to: To Section Officer, Bills Section, High Couret, Madras. + 1 cc to Mr.V. bhiman, Advocate SR.3060 + 1 cc to Mr. M.S. Palaniswamy, Advocate SR.3370 + 1 cc to Government pleader Sr.3163 + 1 cc to Mr.V. Vijayasankar, Advocate Sr.3214 W.A.No.1297 of 2014 JP(CO) Eu 04.02.15