S.Vanitha v. K.Rajkumar And 2 Others
THE HON'BLE ACTING CHIEF JUSTICE Heard Mr.L.P.Shanmugasundaram, learned counsel for the petitioner; Mr.Yashwanth, learned Additional Government Pleader for respondents 1 and 2; and, Mr.P.Kannankumar, learned counsel for the third respondent.
2. This sub application has been filed by the petitioner to reopen the contempt petition, which was closed on 8.9.2023.
3. While closing the contempt petition, this Court issued the following directions:
(i) The respondents are directed to disburse the benefits to the petitioner, as per the schedule of payments, undertaken by the first respondent in paragraph 9 of the affidavit, filed by the first respondent.
(ii)If there is any default in the disbursement of
benefits, as per the schedule given in paragraph No.9 in the affidavit filed by the first respondent, it is open to the petitioner to file a fresh contempt petition.
(iii)This Court suo motu implead Erode District Central Co-operative Bank, Bhavani Main Road, Erode as a party-third respondent in the contempt petition.
(iv)The first respondent shall settle interest portion also to the petitioner at the time of final settlement.
4. Alleging non-compliance of the said directions, the petitioner has filed the present application to revive the contempt petition.
5. When the matter was taken up for hearing, learned Additional Government Pleader placed on record an affidavit of the first respondent, inter alia, stating as under:
"14. I humbly submit that if there is no hindrance from the financing bank, the Erode District Central Cooperative Bank in passing the cheques, the Administrator of the said society already instructed to issue the cheques to the Contempt Petitioner monthly as per the following schedule in concurrence with the demand collection of the outstanding loans. I further submit that the society is facing severe financial crisis, hence the terminal benefits to the petitioner is not payable in a lump sum. Hence, the society may be permitted to pay the amount as per the schedule noted below. I pray the Hon'ble court to allow the society to pay in instalment to the Contempt Petitioner.
Sl. No.
Month Amount Rs.
15.08.2024 2,24,048.00 15.09.2024 2,50,000.00 15.10.2024 2,50,000.00 15.11.2024 2,50,000.00 15.12.2024 2,50,000.00 15.01.2025 2,50,000.00 15.02.2025 2,50,000.00 15.03.2025 2,50,000.00 15.04.2025 2,50,000.00 15.05.2025 2,50,000.00
Sl. No.
Month Amount Rs.
15.06.2025 2,50,000.00 15.07.2025 3,50,000.00 Total Amount Rs.30,24,048.00 Due Rs.30,24,048.00
6. The said time schedule stipulated for disbursal of the amounts by the first respondent is not objected to by learned counsel for the petitioner.
7. As the first respondent, on affidavit, has undertaken to disburse the amounts to the petitioner in installments, as recorded hereinabove, no further orders are required to be passed in this matter. Accordingly, Sub Application No.559 of 2024 is closed. 16.08.2024 bbr
THE HON'BLE ACTING CHIEF JUSTICE bbr 16.08.2024