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Madras High CourtCONT P/2277/2016disposed of

Mrs.Subbulakshmi, v. M.Tamil Selvi,

2016-10-21Honourable Mr Justice T. S. Sivagnanam3 pages

In the High Court of Judicature at Madras Dated : 21.10.2016 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Contempt Petition No.2277 of 2016 Mrs.Subbulakshmi

...Petitioner

Vs M.Tamil Selvi, Managing Director, Park Town Cooperative Wholesale Stores Ltd., Davidson Street, Chennai-1.

...Respondent

PETITION under Section 11 of the Contempt of Courts Act to punish the respondent for not obeying/complying with the directions of this Court dated 26.2.2016/4.3.2016 issued in W.P.No.24943 of 2015.

For Petitioner :

Mr.Shanmugam for M/s.Shanmugam Associates For Respondent :

Mr.L.P.Shanmugasundaram, SGP

ORDER

The above contempt petition has been filed on the ground that the respondent had not obeyed the order and directions issued in W.P.No.24943 of 2015 dated 26.2.2016 and 4.3.2016.

2. The said writ petition was disposed of along with W.P.No.37616 of 2015. As against the common order in the writ petitions, the respondent/ contemner preferred writ

appeals in W.A.Nos.553 and 554 of 2016 and an interim an order has been granted on 28.4.2016 to the following effect :

"Notice to the respondents returnable by 8.6.2016. There shall be an order of interim stay only to the extent of payment of Rs.2,00,000/- under the head 'death compensation', till the next date of hearing. Call on 8.6.2016."

3. Thus, it is seen that the order of stay granted by the Division Bench is only with regard to payment of Rs.2 lakhs under the head 'death compensation'.

4. The learned Special Government Pleader appearing for the respondent/contemner submits that the entire amount has been deposited pursuant to the interim order while entertaining the writ petition filed by them. Therefore, he further submits that the petitioner may be directed to withdraw other amounts, which are lying in deposit together with accrued interest, if any.

5. The said submission of the learned Special Government Pleader is placed on record.

6. Accordingly, the above contempt petition stands disposed of permitting to the petitioner to withdraw all the amounts, which are lying in deposit to the credit of C.P.No.385 of 2013 on the file of the Principal Labour Court, Chennai except the amount of Rs.2,00,000/- (Rupees two lakhs only) under the head 'death compensation', for

which, an order of interim stay has been granted by a Division Bench of this Court in the pending writ appeals. The petitioner is directed to file appropriate application before the Principal Labour Court, Chennai and it shall be entertained and appropriate orders be passed within a period of four weeks from the date, on which, the application for withdrawal is filed.

Sd/- JOINT REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

Ss/CO/27/03/2016 To 1.The Principal Labour Court, Chennai-104.

2.M.Tamil Selvi, Managing Director, Park Town Cooperative Wholesale Stores Ltd., Davidson Street, Chennai-1.

One CC to Mr. R.Shanmugham Associates,Advocate, Sr.No.13467 One CC to M/s.L.P.Shamugasundaram,Advocate, Sr.No.13480.