Madras High CourtSUB APPL/284/2019closed

M.Suseela v. Thirunavkarasu

2021-03-12Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH in Contempt Petition No.432 of 2018 Dr.M.Suseela, Medical Superintend(Retd.), F-1, Firm's Arvind, 9/44, 13th Street, 'K' Block, Anna Nagar(East), Chennai 600 102 ... Petitioner Vs.

Dr.Thirunavukarasu The Medical Superintendent, ESI Hospital, Ayanavaram, Chennai - 600023.

... Respondent Prayer: Sub Application filed u/s.151 of the Code of Civil Procedure praying to re-open the Contempt Petition No.432 of 2018, which was closed under order dated 29.06.2018.

For Petitioner : Mr.S.Shivram For Respondent : Mr.M.Elumalai Additional Government Pleader *****

O R D E R

This matter is heard through Video Conferencing.

2. The present Sub Application has been filed praying to re-open the 1/3

Contempt Petition No.432 of 2018, which was closed under order dated 29.06.2018.

3. Heard learned counsel for petitioner and learned Additional Government Pleader appearing for respondent.

4. This Court, under order dated 09.09.2016, directed the respondent herein to consider the petitioner's representation on merits and in accordance with law and pass appropriate orders. Alleging non-compliance of the said order, Contempt Petition No.432 of 2018 has been filed. When the Contempt Petition was taken up for hearing on 29.06.2018, it was represented by learned Government Advocate appeared for respondent that the order of this Court dated 09.09.2016 has been duly complied with and hence, the Contempt Petition was closed. The present Sub Application has been filed on the ground that the order of this Court dated 09.09.2016 has not been complied with.

5. Today, when the matter is taken up for hearing, learned Additional Government Pleader, has produced a copy of the order dated 11.03.2021 passed by the respondent and submits that a sum of Rs.9,40,823/- was paid to the petitioner.

6. On the other hand, learned counsel for petitioner submits that the respondent has not paid the sum of Rs.1,00,000/- with interest. This Court has not passed order directing the respondent to pay any specific amount. The order of this Court, which was in contempt, has been complied with 2/3

and hence, the Contempt Petition has already been closed. Hence, nothing survives for consideration in the present Sub Application. Accordingly, the SubApplication is closed. However, the petitioner is at liberty to work out her remedy in the manner known to law, if she has any further grievance. SD/- ASSISTANT REGISTRAR(COMM.CASES) gm //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.

GS/07/04/2021 3/3