Madras High CourtCONT P/408/2016closed

S.Umapathy v. Manickam

2016-03-28Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28/3/2016 C O R A M THE HONOURABLE MR. JUSTICE M.DURAISWAMY Contempt Petition No.408 of 2016 S. Umapathy ...

Petitioner Vs Mr.Manickam District Manager TASMAC Ltd Thiruvallur East District No.1 Bangalore High Road Sembaarambakkam Thirumazhisai Thiruvallur District 602 103.

...

Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for willful disobedience of the order made in W.P.NO.27362 of 2015 dated 27/10/2015.

For Petitioner ...

Mr.L.Chandrakumar For respondent ...

Mr.Kasirajan

O R D E R

This Contempt Petition has been filed to punish the respondent for willful disobedience of the order made in W.P.No.27362 of 2015 dated 27/10/2015.

2. When the matter is taken up for hearing, the learned Standing Counsel appearing for the respondent

submitted that the respondent is willing to receive the Demand Draft, to be rendered by the petitioner, pursuant to the orders of this Court, made in W.P.No.27362 of 2015, dated 27/10/2015.

3. Mr.L.Chandrakumar, learned counsel for the petitioner submitted that he is having the Demand Draft, for a sum of Rs.1,35,700/- (Rupees One lakh Thirty five thousand and seven hundred only), drawn on Tamil Nadu Mercantile Bank, dated 28/3/2016 and that the petitioner may be permitted to handover the same to the respondent tomorrow i.e., on 29/3/2016.

4. That apart, the learned counsel appearing for the respondent submitted that as against the order dated 27/10/2015, passed in W.P.No.27362 of 2015, etc., batch, the respondent has filed Writ Appeal, however, the same is yet to be numbered.

5. Further, the learned counsel submitted that on receipt of the Demand Draft, the respondent will not disturb the running of TASMAC shop and that the petitioner may be permitted to run the shop, subject to the result of the Writ Appeal.

6. In view of the submissions made by the learned counsel appearing on either side, the petitioner is directed to handover the Demand Draft, for a sum of Rs.1,35,700/- (Rupees One lakh Thirty five thousand and seven hundred only) , tomorrow, i.e., on 29/3/2016 to the

respondent and the respondent is directed to receive the same and allow the petitioner to run the shop. The respondent is directed to grant license for running the shop. However, the same is subject to the result of the Writ Appeal that has been filed by the respondent as against the order passed in W.P.No.27362 of 2015.

7. With this observation, this Contempt Petition is closed.

mvs.

SD/ DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. 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/06/04/2016 One CC to Mr.L.Chandrakumar, Advocate, SR.4040 One CC to Mr.C.Kasirajan, Advocate, SR.4011 To The District Manager TASMAC Ltd Thiruvallur East District No.1 Bangalore High Road Sembaarambakkam Thirumazhisai Thiruvallur District 602 103.