Envee Enterprises v. Shankar Karikar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE M.DURAISWAMY and THE HON`BLE MRS.JUSTICE T.V.THAMILSELVI CMP.No.7208 of 2022 in OSA.No.264 of 2018 1 ENVEE ENTERPRISES, [ PETITIONERS ] BY ITS PARTNER, MRS.SASIKALAVAMANAN, NO.16, FIRST STREET, CIT COLONY, MYLAPORE, CHENNAI -600 004.
2 SHASHIKALA VAMANAN, W/O.VAMANAN, 'SARAYU' VEDACHALAM NAGAR, CHENGALPATTU- 603 001.
3 MANI PRAKASH, S/O.N.V.SUBRAMANIAM, NO.15, ROAD NO.2, CASTLE HILLS, MASTABTAMK, HYDERBAD-500 007.
Vs 1 SHANKAR KARIKAR, [ RESPONDENTS ] S/O.RAMAKRISHNA KARIKAR, NO.24, BAWA ROAD, ALWARPET, CHENNAI -600 018.
2 INDIAN BANK, 463, L R SWAMY PARVATHAM BLOCK, ANNA SALAI, TEYNAMPET, CHENNAI -600 018.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased To direct the Registrar General, Madras High Court to endorse and handover the Original Bank Guarantee No.01/2011-2012 dated 06.04.2011 for period 06.04.2011 to 05.04.2012 deposited in A.No.3233 of 2009 in CS.No.601 of 2009 issued by Indian Bank, Teynampet Branch in the name
of the respondent and direct the Indian Bank to also pay over the accrued interest in the above bank guarantee to the respondent herein and record Part Satisfaction of the decree passed in these proceedings, to that extent (in CMP.No.7208 of 2022). Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.AISHWARYA S NATHAN, Advocate for the petitioners and of MR.M.V.SWAROOP, Advocate for the Respondents, the court made the following order:- (Order of the Court made by M.DURAISWAMY,J.) The petitioners, who are the appellants in the above Original Side Appeal has filed the above Civil Miscellaneous Petition seeking for a direction to the Registrar General of this Court to endorse and hand over the Original Bank Guarantee dated 06.04.
2011 for the period 06.04.2011 to 05.04.2012, deposited in A.No.3233 of 2009 in C.S.No.601 of 2009 issued by the Indian Bank, Teynampet Branch, in the name of the 1st respondent and direct the Indian Bank to pay the accrued interest in the above bank guarantee to the 1st respondent and record part satisfaction of the decree passed in the proceedings.
2. Ms. Aishwarya S Nathan, learned counsel appearing for the petitioners submitted that the petitioners have created Fixed Deposits in F.D.Nos. 744826995, 744827321, 744827401, 874564188, 914336625 and 914336874 with the Indian Bank on 12.09.2007, 08.02.2010 and 25.10.2010 for a sum of Rs.35,18,880/- and that the said amount along with the accrued interest may be paid to the 1st respondent as part satisfaction of the decree passed in C.S.No.601 of 2009.
3. Mr. M.V.Swaroop, learned counsel appearing for the 1st respondent has no objection for giving such direction.
4. Having regard to the submissions made by the learned counsel on either side, we direct the Registrar General, Madras High Court to endorse the Fixed deposits and pay the proceeds along with the accrued interest to the 1st respondent, within a period of four weeks, from the date of receipt of a copy of this order. With the above observations, the above Civil Miscellaneous Petition is disposed of.
-sd/- 28/04/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO THE SUB ASSISTANT REGISTRAR, ORIGINAL SIDE, HIGH COURT, MADRAS-104.
COPY TO THE REGISTRAR GENERAL, HIGH COURT, MADRAS-104.
THE SECTION OFFICER, ACCOUNTS SECTION, HIGH COURT, MADRAS-104.
Order in CMP.No.7208 of 2022 in OSA.No.264 of 2018 Date :28/04/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PA (02/05/2022)