Madras High CourtCONT P/3089/2013closed

M.Rajeswari v. P.R. Gopal

2021-12-20Honourable Mr Justice T.Raja,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Contempt Petition No.3089 of 2013 Tmt.M.Rajeswari, No.10, Ibrahim Street, Kondithope, Chennai - 600 079.

Petitioner -vsP.R.Gopal, No.10/2, Ibrahim Street, Chennai - 600 079.

Respondent Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for wilful disobedience of the order of this Court dated 04.08.2008 made in O.S.A.No.9 of 2008.

For Petitioner ::

Mr.M.Sunil Kumar For Respondent ::

Mr.C.Venkatesalu Mr.J.Subbiah Government Advocate (Crl.Side)

ORDER

(Order of the Court was made by T.RAJA, J.) Pursuant to the order dated 17.12.2021, today, Mr.C.Venkatesalu, learned counsel appearing for the respondent, in the presence of the contemnor, who was produced in Court by Mr.J.Subbiah, learned Government Advocate (Crl.Side) through the jurisdictional police, and his son Mr.Parker Paul, handed over a demand draft for a sum of Rs.2,81,200/- in favour of the petitioner Mrs.M.Rajeswari vide D.D.No.644014 dated 18.12.2021 issued by the Tamilnad Mercantile Bank, Purasawalkam Branch along with a cash of Rs.12/- and the same were received by the petitioner, in the presence Mr.M.Sunilkumar, learned counsel appearing for the petitioner. In view of the same, the learned counsel appearing for the respondent requested this Court to close the matter, as the order has been duly complied with.

2. However, the learned counsel appearing for the petitioner urged this Court to take appropriate action against the respondent/contemnor for the wilful disobedience of the order.

3. Be that as it may. Considering the fact that the money due and payable by the respondent for a sum of Rs.2,81,212/- has been duly received by the petitioner

Mrs.M.Rajeswari in the presence of her counsel today by means of the aforementioned demand draft and cash respectively, coupled with the fact that the contemnor is now aged about 72 years and his son Mr.Parker Paul also stated that his father is suffering from mental illness, we are not inclined to pursue the contempt proceedings against the contemnor. Accordingly, the contempt petition stands closed and the contemnor stands discharged, as the order has been duly complied with.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ss //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/02.03.2022