M.Sumathi v. Kothandan

CMP.Nos.15273 & 15278 of 2023 in S.S.SUNDAR, J.

AND C.KUMARAPPAN, J.

(Order of the Court was made by S.S.SUNDAR, J.) These review applications are filed to review the common order dated 01.06.2023 passed by this Court in Cont.A.Nos.1 and 2 of 2023. CMP.Nos.15273 & 15278 of 2023 are filed to suspend the order imposing punishment pending review applications. 2.

Though this Court is unable to find any strong reason to review the earlier orders, Mr.P.Wilson, learned Senior Counsel appearing for the petitioner/contemnor in both cases, referring to the health condition of the petitioner and the fact that the contemnor is a lady, requested us to review the judgment passed in the aforesaid contempt appeals. Adding further, he stated that the applicant/contemnor has paid the balance amount to the Bank subsequently.

3.

Though in paragraph 4 of the affidavit filed by the petitioner, the petitioner undertook to pay the balance amount of Rs.62,50,000/- within a period of four weeks, learned Senior Counsel submitted that it is true that the petitioner had to pay a sum of Rs.62,50,000/- when the affidavit was filed on 22.06.2023, but now the balance amount is paid. Learned Senior Counsel has also referred to the No Dues Certificate issued by the IDFC First Bank dated 13.07.2023 and submitted that on the basis of a sum of Rs.1,50,00,000/- received under one time settlement, the Bank has issued the aforesaid no due certificate.

4.

It is stated that the petitioner is a house wife and suffering from serious heart ailments. The petitioner has now repaid the amount in full. Therefore, the order of punishment dated 21.12.2022 passed in Cont.P.Nos.1104 and 1165 of 2021 is suspended. The petitioner shall also pay a sum of Rs.1,00,000/- (Rupees One Lakh only) by way of costs within a period of two weeks from the date of receipt of a copy of this order, to the account to be opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, in the Indian Bank, High Court Branch, Madurai, for donating law books to a Separate Section in the name of "Madurai

Bench of Madras High Court" in Kalaignar Centenary Library, Madurai. Out of the funds collected under this Account, the Honourable Administrative Judge in consultation with the Committee of Judges consisting of three Senior Honourable Judges, who are permanently stationed at Madurai will purchase the books of their choice and hand over the same to Library. Registry is directed to communicate this order to the concerned jail authorities immediately.

5.

CMP.Nos.15273 & 15278 of 2023 are disposed of accordingly.

6.

Issue notice to the respondents in the review applications returnable in four weeks. Private Notice is also permitted. 7.

List the review applications after four weeks. (S.S.S.R., J.) & (C.K., J) 20.07.2023 bala

S.S.SUNDAR, J.

AND C.KUMARAPPAN, J.

bala CMP.Nos.15273 & 15278 of 2023 in 20.07.2023