The Metropolitan Transport Corporation v. Mr.Anbu Abraham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA The Metropolitan Transport Corporation Employees Co-op.Thrift and Credit Society Ltd., rep by its Secretary Pallavan Salai Chennai 600 002 ..

Petitioner -vsMr.Anbu Abraham The Managing Director Metropolitan Transport Corporation Pallavan Salai Chennai 600 002 ..

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 14.6.2017 made in W.P.No.27295 of 2016.

For Petitioner ::

Mr.M.S.Palaniswamy For Respondent ::

Mrs.Rajini Ramadoss Standing Counsel

ORDER

Mr.M.S.Palaniswamy, learned counsel for the petitioner-Society stated that as per the admission made by the Metropolitan Transport Corporation (Chennai) Limited in their letter dated 8.8.2019, they made it clear that Rs.18,00,65,792/- as on 31.3.2019 is due to the petitioner society. But, thereafter, from April, 2019 to August 2019, a sum of Rs.9,48,94,682/- became due to the petitioner 1/3

society, putting together a sum of Rs.27,49,60,474/-. Subsequently, the respondent Corporation paid a sum of Rs.8,46,05,846/- to the petitioner society, leaving the balance of Rs.19,03,54,628/- as on 26.9.2019. In view of the huge amount remaining unpaid, the Metropolitan Transport Corporation Employees Cooperative Thrift & Credit Society Limited is unable to transact its business, as a result the entire members of the thrift society are facing severe and huge prejudice. Therefore, action be taken against them, he pleaded.

2. Mrs.Rajini Ramadoss, learned standing counsel for the respondent Corporation stated that only due to the financial crisis faced by the respondent, the dues have not been paid to the petitioner society. However, she submitted that the respondent will be able to pay a sum of Rs.6,00,00,000/- within a month's time and thereafter she sought for reasonable time to pay the balance amount.

3. It is not in dispute that the balance amount due and payable to the petitioner society as on 26.9.2019 by the respondent Corporation as on 26.9.2019 is Rs.19,03,54,628/-. Hence, as undertaken by the learned standing counsel for the respondent, the respondent is hereby directed to pay a sum of Rs.6,00,00,000/- to the 2/3

petitioner society on or before 30.10.2019. Thereafter, the respondent is directed to pay the second installment of Rs.6,00,00,000/- on or before 30.11.2019, the third installment of Rs.6,00,00,000/- on or before 30.12.2019 and the balance amount of Rs.1,03,54,628/- on or before 30.01.2020. Needless to mention that if the respondent commits default in payment of any of the installments as directed above, the respondent is liable to pay interest at the rate of 6% per annum on the unpaid amount to the petitioner society. With this direction, the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ss //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Smi/18/10/2019 To The Managing Director, Metropolitan Transport Corporation, Pallavan Street,Chennai 600 002.

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