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Madras High CourtCRP/4467/2011dismissed as infructuous

T.Mohanambal v. The Deputy Registrar

2018-04-20Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.04.2018 Coram: The Honourable Mr. Justice N. SESHASAYEE C.R.P(NPD)No.4467 of 2011 and M.P.No.1 of 2011 T.Mohanambal

...Petitioner

Versus

1. The Deputy Registrar of Co-op.

Societies, Coimbatore Circle, Collectorate Complex, Coimbatore - 18.

2. The Special Officer, C.C.2394, Coimbatore E.B.Employees, Cooperative Thirft & Credit Society Ltd., Tatabad, Coimbatore - 641 012, Coimbatore District.

...Respondents

This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decretal order dated 27.07.2011 made in I.A.No.199 of 2011 in Co-Op. C.M.A.No.23 of 2011 on the file of the Principal District Court, Coimbatore.

For Petitioner :

Mr.N.Manokaran For Respondent - 1 :

Mr.Ansar, Government Advocate Respondent - 2 :

No Appearance

ORDER

This Civil Revision Petition arises out of an order passed by the Principal District Court, Coimbatore, whereunder, the District Court has passed a conditional order of stay of execution of the award passed in a surcharge proceedings under the Tamil Nadu Cooperative Societies Act with a condition the Revision petitioners herein deposited 25% of the award amount.

2. When the matter came up before this Court on 19.04.2018, this Court directed the Registry to ascertain the current status of the C.M.A.No.23 of 2011 telephonically with the District Court, Coimbatore and this Court is informed that the same has been dismissed on 05.08.2011.

3. The learned counsel for the petitioner submitted that the computer printout of the e-Court case details, shows that the aforesaid C.M.A was disposed of on 11.04.2017 and his instructions are that the C.M.A was allowed. The learned counsel further submitted that on reading the on-line order, he found that the said C.M.A has been allowed and the matter has been remanded back.

4. Apparently, there is some contradiction between the information received from the District Court by the Registry and the statement made by the learned counsel for the petitioner. Either way, it is evident that no C.M.A is now pending and consequently, the present C.R.P has become infructuous.

5. Hence, this Revision Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed. 20.04.2018 mrr Index : Yes / No To The Principal District Court, Coimbatore.

N. SESHASAYEE, J., mrr C.R.P(NPD)No.4467 of 2011 20.04.2018