Mr.L. Srinivaasan, v. Mr. Prem Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mr.L.Srinivaasan No.20, 1st Floor, Ekangipuram, 3rd Street, Chennai 600 019 ... Petitioner Vs.
Mr.Prem Kumar, The Chief Manager, The State Bank of India, Heavy Vehicle Factory, Tank Factory Road, Avadi, Chennai-600 054.
... Respondent PRAYER : Contempt Petition filed under Section 11 of Contempt Act, 1971 praying to punish the respondent for wilful disobedience of the Order in W.P.No.24108 of 2016 dated 14.07.2016.
For Petitioner : Mr.J.Janarthanan For Respondent : Mr.M.Devaraj
O R D E R
The Contempt Petition is filed to punish the respondent for wilful disobedience of the order dated 14.07.2016 passed in W.P.No.24108 of 2016, wherein this Court passed the following orders: "5.Though the petitioner has prayed for a larger relief, this Court, taking into consideration the above facts and circumstances 1/3
and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's representations in the form of Legal Notice date 28.03.2016 and 22.06.2016 in accordance with law, after putting on notice, the legal representations of Late Vasudevan, viz., Tmt. Sheeba, V.Jesinth, V.Jamin Justin, V.Jarin Jasper and Tmt.Anjalai Ammal and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the above said legal representatives of Late Vasudevan."
2.The respondent filed a counter statement establishing that they have complied with the orders passed by this Court. "7.I submit that during this process, the petitioner through his counsel has sent a notice dated 03.11.2017, calling upon me to comply with the orders passed by the Hon'ble Hight Court dated 14.07.2016 in W.P.No.24108 of 2016. On receipt of the said notice, I have through the communication dated 20.11.2017, requested the legal heirs of late Shri R.Vasudevan, to pay the outstanding amount of Rs.5,72,603/- as on 20.11.2017 within 7 days from the receipt of the notice, failing which legal proceedings to recover the amount would be initiated. On receipt of the said notice, Mrs.Sheeba, wife of late Shri R.Vasudevan had through the reply notice dated 04.12.2017 informed that they are not legally bound to pay the debt. Further, she had also informed that they had given a representation to the General Manager of State Bank of India and have also filed a writ petition in W.P.No.19555 of 2017 to pay the amount illegally deducted from the account of the late husband.
8. I submit that the communication dated 27.11.2017 was 2/3
sent to the petitioner herein wherein it has been clearly mentioned that a notice dated 20.11.2017 has been issued to the legal heirs of late Shri R.Vasudevan, in compliance of the order passed in W.P.No.24108 of 2016. Further, the fact that the management of the Heavy Vehicle Factory, Avadi have also informed that the terminal benefits of late R.Vasudevan cannot be deducted. Further, informed that steps are being taken to recover the amount due from the legal heirs of the deceased R.Vasudevan."
3.In view of the fact that the representation submitted by the petitioner has already been considered, no further adjudication in the Contempt Petition is required and accordingly, the Contempt Petition stands closed. No costs.
SD/- ASSISTANT REGISTRAR(COMM.CASES) ars/mka //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
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