V.Jothimani v. Sadhanandhan Nair
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16-11-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM in WP No.2833 of 2016 1.V.Jothimani 2.Jagadesh Chandran ..
Petitioners vs.
Mr.Sadhanandhan Nair, Chief Manager - Indian Bank, Udumalpet Branch.
Palani Road, Udumalpet - 642 154.
..
Respondent Contempt Petition is filed under Section 11 of Contempt of Courts Act to punish the respondent for the act of disobedience of the order of this Court passed in WP No.2833 of 2016 dated 26.07.2021. For Petitioners : Mr.C.Vidhusan For Respondent : Mr.F.B.Benjamin George.
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O R D E R
The present contempt petition is filed to punish the respondent for his willful disobedience of the order dated 26.07.2021 passed by this Court in WP No.2833 of 2016, wherein in paragraphs-11 and 12, this Court passed the following order:- "11. In the light of the above observations, there shall be a direction to the respondent to forthwith disburse the entire terminal benefits of Late T.Velusamy, in favour of the petitioners herein, within a period of twelve weeks from the date of receipt of a copy of this order together with interest on the same at the rate of 6% p.a. from 14.08.1999, i.e., the date of the death of T.Velusamy till the date of actual payment.
12. The Writ Petition stands allowed accordingly. There shall be no orders as to costs."
2. The learned counsel for the petitioners drew the attention of this Court with reference to paragraph-8 of the order, wherein the outstanding housing loan amount from the petitioners is also to be recovered 2/6
from the petitioners by the respondent-Bank.
3. However, the learned counsel appearing on behalf of the respondent-Bank made a submission that the title deed documents with reference to the mortgaged is now with Reliance Asset Reconstruction Company (RARC), since the loan account has already been assigned.
4. That apart, a direction issued by this Court to disburse the terminal benefits due to the deceased employee Mr.T.Velusamy.
5. As far as the housing loan dues are concerned, the petitioners are at liberty to pursue the matter before the appropriate Authority.
6. As far as the terminal benefits are concerned, the learned counsel for the respondent-Bank submitted the three original Demand Drafts drawn on Indian Bank, Allahabad payable at Udumalpet in favour of the first petitioner, namely, V.Jothimani as detailed below:- 3/6
S.No.
In favour of Indian Bank Demand Draft No.
And Date Rs.
1.
The first petitioner viz., V.Jothimani 233102 dated 02.08.2022 Rs.3,93,368.00 2.
The first petitioner viz., V.Jothimani 233100 dated 02.08.2022 Rs.3,61,550.52 3.
The first petitioner viz., V.Jothimani 233121 dated 22.08.2022 Rs.2,28,348.99
7. The abovesaid three original Demand Drafts are handed over to the learned counsel for the contempt petitioners Mr.C.Vidhusan. and his enrolment No.4403/18 and the said learned counsel acknowledged the receipt of the abovesaid three original Demand Drafts in the open Court itself.
8. Thus the entire claim regarding the terminal benefits of the deceased employee, are settled to the petitioners, who are the legal heirs of the deceased employee and in respect of the grievance regarding the housing loan or return of original title deeds are concerned, the petitioners are at liberty to approach the Competent Authority in the manner known to law. 4/6
9. With the abovesaid observations, the contempt petition stands closed. However, there shall be no order as to costs. 16-11-2022 Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn To Mr.Sadhanandhan Nair, Chief Manager - Indian Bank, Udumalpet Branch.
Palani Road, Udumalpet - 642 154.
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S.M.SUBRAMANIAM, J.
Svn Contempt. Petition 1298 of 2022 16-11-2022 6/6