M.Thangaraj v. The State Rep.By

SATHI KUMAR SUKUMARA KURUP, J.

The learned counsel for the petitioners/depositors sought direction of this Court to post this case today in the list for being mentioned. Accordingly Registry was directed to post the matter under the caption "for being mentioned" on today.

2.As per the submissions of the learned counsel for the petitioners, the petitioners were the depositors in the financial establishment, which is arrayed as an accused before the Court of the learned Special Judge, TNPID Act, Chennai. On an earlier occasion, the learned counsel for the petitioners/depositors filed a criminal case in Crl.O.P.No.14521 of 2021, seeking direction Under Section 482 of the Code of Criminal Procedure, regarding the settlement of the amount through the learned Special Judge, Special Court under TNPID Act. Accordingly, this Court had passed an order dated 19.07.2022 that under Section 5(A) of the Tamil Nadu Protection of Interest of Depositors Act 1997, the District Revenue Officer has powers to settle the amount that is available with the financial establishment. Accordingly, this Court had directed the District 1/4

Revenue Officer/Competent Authority under the Tamil Nadu Protection of Interest of Depositors Act, 1997, to settle the amount to the petitioners herein and the other depositors along with proportionate interest. 3.It is the submission of the learned counsel for the petitioners that as per the said order dated 19.07.2022, the District Revenue Officer/Competent Authority had to calculate and disburse the interest, which cause a confusion. Therefore, the petitioners/depositors does not want any interest. In view of the same, the learned counsel for the petitioners seeks to amend the order dated 19.07.2022, by removing the words "proportionately along with interest" from paragraph No.7.

4.Now on the request of the learned counsel for the petitioners, the interest portion i.e. "proportionately along with interest" from paragraph No.7 is removed from the order dated 19.07.2022. Therefore, Registry is directed to issue fresh order copy by removing the portion "proportionately along with interest" from paragraph No.7 of the order dated 19.07.2022. 5.In the mean time, the learned Special Judge, Special Court under TNPID 2/4

Act, Chennai as well as the District Revenue Officer/Competent Authority under the TNPID Act shall return the amount to the depositors and report compliance before this Court, within a reasonable time i.e. one month from the date of receipt of a copy of this order or from the date of uploading of this Court. 09.12.2022 ah NOTE: ISSUE ORDER COPY ON Today i.e. 09.12.2022 SATHI KUMAR SUKUMARA KURUP, J.

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