M/S.Dhanalakshmi Srinivasan Chit Funds Pvt Tld v. V.Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.R.P(PD).No.933 of 2021 M/s.Dhanalakshmi Srinivasan Chit Funds Private Limited, Rep. By its Authorized Signatory M.Parthasarathy, Now at No.24, Nellukara Street, 1st Floor, Big Kanchipuram, Kanchipuram - 631 502.

...Petitioner

Vs 1.V.Srinivasan 2.N.Varadha Sha 3.P.T.Kannan

...Respondents

Revision Petition filed under Article 227 of the Constitution of India to direct the Court below, viz., District Court-II, Kanchipuram either to transfer the deposit amount of Rs.53,57,840/- by RTGS or to issue cheque in favour of the petitioner as per its order dated 06.03.2021 made in E.A.No.01/2021 in E.P.No.24/2017 in ARC.No.83/2016 on the file of the District Court-II at Kanchipuram.

For Petitioner :

Mr.V.Jyothish Chander 1/5

ORDER

A direction was passed in E.A.No.1/2021 in E.P.No.24/2017 in ARC.No.83/2016 by the learned District Judge, District Court-II, Kanchipuram on 06.03.2021 on an application filed by the revision petitioner herein, who is a decree holder in ARC.No.83/2016. 2.The learned Judge after canvassing through the said application, which application has been filed to issue a cheque for a sum of Rs.53,57,840/- and transfer the said amount through RTGS to the bank account of the petitioner at Lakshmi Vilas Bank Limited, Kanchipuram bearing Account No.0358351000003910-IFSC Code LAVB0000358, had actually granted the said relief and in the last paragraph of the order stated as follows:

"In the result, this petition is allowed. Transfer a sum of Rs.53,57,840/- [Rupees Fifty Three Lakhs Fifty Seven Thousand Eight Hundred and Forty only] through RTGS to the petitioner's bank account as mentioned in the petition after obtaining the copy of the bank pass book 2/5

and ascertaining the said fact. No order as to costs." 3.The only grievance expressed by My.Jyothish Chander, learned counsel for the petitioner, is that though the said order is dated 06.03.2021 and nearly a month and a half had passed since the date of the said order, the amount had not been transferred to the account of the petitioner. It is stated that this is causing much grievance to the petitioner in view of the fact that it is actually the amounts of the depositors and practically every day, there is queue of depositors seeking return of the said money. The petitioner is under an obligation to the said depositors. But that obligation can be discharged only when the Court transfers the amount as directed by the learned District Judge at Kanchipuram.

4.A direction is therefore given, even without hearing the respondents or before seeking a report from the Court, that the said order of the learned District Judge-II, Kanchipuram dated 06.03.2021 may be put into effect by 15.05.2021.

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With the said observations, this Civil Revision Petition is disposed of. No order as to costs.

27.04.2021 cse Index:Yes/No Internet: Yes/No To The District Judge-II, Kanchipuram.

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C.V.KARTHIKEYAN, J, cse 27.04.2021 5/5