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Madras High CourtCONT P/1243/2015closed

Tmt.N.Ellammal v. N.Pughazhanthi

2015-10-16Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date:- 16.10.2015 Coram THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.1243 of 2015 Tmt.N.Ellammal ... Petitioner ..vs..

Mr.N.Pughazhanthi, The Branch Manager, State Bank of India, A.Mamallapuram Branch, A.Mallapuram(Village & Post), Palacode Taluk, Dharmapuri District.

... Respondent The Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 70/71, to punish the Respondent herein for wilful and deliberate disobedience of the High Court order in W.P.No.7168/2013 dated 27.02.2015. For Petitioner : Mr.P.Rajesh For Respondent : Mr.S.Sethuraman

O R D E R

This Contempt Petition has been filed alleging wilful

disobedience of the order and directions issued by this Court in W.P.No.7168/2013 dated 27.02.2015.

2.

The preliminary complaint against the the respondent bank is that the respondent bank did not offer an opportunity to the petitioner as directed by this Court in para-6 of its order.

3.

Counter affidavit has been filed by the respondent/Branch Manager, from which it is seen that the petitioner has been represented by Mrs.Selvi Rajesh and Mr.P.Rajesh, both being the advocates said to have approached the Branch Manager and discussed the matter and after discussion, the Bank has issued letter dated 07.06.2015.

4.

The learned counsel for the petitioner submitted that the calculation adopted by the respondent bank is improper and inspite of having made improper adjustment, now the bank is demanding a sum of Rs.3,13,996/-. In my view, this issue cannot be adjudicated in this contempt petition and the forum is not the Writ Court.

5.

For the above reason, the contempt petition is closed leaving it open to the petitioner to adjudicate the matter before the competent forum in the manner known to law.

mra SD/- DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KMV/27/11/2015 One CC to Mr.Rajesh, Advocate in Sr.13383 One CC to Mr.S.Sethuraman, Advocate in Sr.13398.