Dr.C.L.Metha Educational Trust v. Indian Bank
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.18102, 18104 and 18105 of 2020 DR.C.L.Metha Educational Trust (formerly known as C.L. Baid Metha College of Pharmacy) Represented by its Founder and Managing Trustee Harish L Metha ... Petitioner in both the W.Ps.
Vs.
1.Indian Bank Rep. by Manager Jothi Nagar, Old Mahabalipuram Road, DB Jain College Branch, Thuraipakkam, Chennai - 600 097.
... Respondent in W.P.No.14600/2020 1.The Registrar, Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032.
... Respondent in W.P.No.14602/2020 2.Tamil Nadu Chemists and Druggists Trust Represented by its Chairman R.Srinivasan No.2/305, Rajiv Gandhi Salai, Thuraippakkam, Chennai - 600 097.
3.C.L.MethaSishyaOmr School Trust Represented by its Chairman Rajesh Khanna ... Respondents in both the W.Ps.
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Prayer in W.P.No.14600 of 2020:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to defreeze the account bearing A/c nos.466331249, 920747172, 466327845 and 466331657 belonging to the petitioner held with the Indian Bank, DB Jain College Branch at Thuraipakkam.
Prayer in W.P.No.14602 of 2020:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the first respondent herein, from altering the affiliations and recognition granted for the C.L. Baid Mehta College of Pharmacy.
For Petitioners : Mr.Avinash Krishnan Ravi in both the W.Ps.
For Respondents : Mr.T.Sundar Rajan for R1 Mr.S.S.Rajesh for R3 R2 - No Appearance in W.P.No.14600 of 2020 Mr.A.Mohd. Gouse for R1 Mr.S.S.Rajesh for R3 R2 - No Appearance in W.P.No.14602 of 2020 C O M M O N O R D E R W.P.No.14600 of 2020 has been filed by the petitioner seeking issuance of Writ of Mandamus, directing the first respondent to 2/5
defreeze the account bearing A/c nos.466331249, 920747172, 466327845 and 466331657 belonging to the petitioner held with the Indian Bank, DB Jain College Branch at Thuraipakkam. 2.W.P.No.14602 of 2020 has been filed by the petitioner seeking issuance of Writ of Mandamus, forbearing the first respondent from altering the affiliations and recognition granted for the C.L. Baid Mehta College of Pharmacy.
3.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 4.The learned counsel appearing for the petitioner submitted that without any restraint order from any Court, the Bank have no power to freeze the account belonging to the petitioner and the University have no authority to alter the recognition granted earlier. 5.The learned counsel appearing for the respective first respondent submitted that in respect of very same dispute, already the petitioner has filed C.S.No.254 of 2021 on the file of this Court and the same is pending. The petitioner instead of filing interlocutory 3/5
application in the said civil suit has filed these writ petitions, which is not sustainable one.
6.Since civil suit is already pending before this Court, this Court is not inclined to grant the relief sought for in these writ petitions. The writ petitions are dismissed. However, liberty is granted to the petitioner to canvass all the points in C.S.No.254 of 2021 pending on the file of this Court.
No costs. Consequently, the connected miscellaneous petitions are closed.
25.10.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.Indian Bank Rep. by Manager Jothi Nagar, Old Mahabalipuram Road, DB Jain College Branch, Thuraipakkam, Chennai - 600 097.
2.The Registrar, Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032.
3.Tamil Nadu Chemists and Druggists Trust Represented by its Chairman R.Srinivasan No.2/305, Rajiv Gandhi Salai, Thuraippakkam, Chennai - 600 097.
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M.DHANDAPANI,J.
pri And W.M.P.Nos.18102, 18104 and 18105 of 2020 25.10.2024 5/5