Shri Rm K Viswanatha Pillai And Sons v. Commissioner Of Income Tax
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.08.2019 Coram::
The Honourable Dr.Justice G.Jayachandran Review Application (Writ).Nos.161 & 162 of 2019 against W.P.Nos.9623 of 2019 & 29390 of 2016 & W.M.P.Nos.25143 & 25145 of 2019
1. The Repatriates Cooperative Finance and Development Bank (REPCO Bank), Represented by its Managing Director, No.33, North Usman Road, T.Nagar, Chennai - 600 017.
... Petitioner in Review Appln. No.161 of 2019
2. The Repatriates Cooperative Finance and Development Bank (REPCO Bank), Represented by its Chairman, Public and Rehabilitation Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai.
... Petitioners in Review Appln.Nos.161 & 162 of 2019 /verus/
1. L.Prakash, S/o.Mr.Loganathan, Old No.203, New No.283, 4th Street, B.V.Colony, Vyasarpady, Chennai - 600 039.
2. Union of India, Represented by its Joint Secretary, cum Central Registrar of Cooperative Societies, Department of Agriculture and Cooperation, Ministry of Agriculture, Krishi Bhavan, Rajendra Prasad Road, New Delhi - 110 001.
1/5
3. Reserve Bank of India, Represented by its Principal Chief General Manager, Department of Cooperative Bank Regulation, Garment House, Dr.Annie Besant Road, Mumbai - 400 018.
... Respondents in Review Appln.Nos.161 & 162 of 2019 Prayer in Rev.Appln No.161 of 2019: Review Petition is filed under Order 47 Rule 1 of Code of Civil Procedure, praying to Review the order dated 21.08.2019 passed in W.P.No.9623 of 2019, passed by this Hon'ble Court and dismiss the Writ Petition in W.P.No.9623 of 2019. Prayer in Rev.Appln No.162 of 2019: Review Petition is filed under Order 47 Rule 1 of Code of Civil Procedure, praying to Review the order dated 21.08.2019 passed in W.P.No.29390 of 2016 passed by this Hon'ble Court and dismiss the Writ Petition in W.P.No.29390 of 2016. For Petitioner : Mr.E.Om.Prakash, Senior Counsel in Rev.Appln.No.161 of 2019 for Mr.A.Ilangovan For Petitioner : Mr.AR.L.Sundareshan, Senior Counsel in Rev.Appln.No.162 of 2019 For R1 : V.Raghavachari in both cases For R2 : Mr.Venkatasamy Babu, SPC in both cases For R3 : Mr.Chevanan Mohan in both cases for M/s.King and Partridge 2/5
C O M M O N O R D E R C O M M O N O R D E R Heard the Learned Counsels for the Review Petitioners.
2. This Court finds no merit in the Review Applications. It appears to be an attempt to re-canvas the case again.
3. However, this Court finds that while passing the order restraining the respondents from collecting deposits, this Court has inadvertently omitted to qualify it as a 'fresh' deposits. Hence, the Learned Counsel for the Review Petitioners expresses some difficulty in renewing the existing deposits. Therefore, the word 'fresh' shall be prefixed before the word 'deposits' in 5th line of paragraph No. 24 of the judgment.
"24. The third respondent-Bank is directed to submit within 15 days details about the depositors to the Central Registrar for Cooperative Societies and get clearance as to the scheme/arrangement of receiving deposits and proceed further. Till such time, they are restrained from collecting the fresh deposits from any individuals, who are not repatriates of Burma, Sri Lanka, Vietnam and other countries."
3/5
4.
With the above said modification, the Review Applications are disposed of. Consequently, Connected Miscellaneous Petitions are closed.
28.08.2019 bsm Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order Note: Issue Order copy 29.08.2019 To,
1. The Joint Secretary-cum-Central Registrar of Cooperative Societies, Union of India, Department of Agriculture and Cooperation, Ministry of Agriculture, Krishi Bhavan, Rajendra Prasad Road, New Delhi - 110 001.
2. The Principal Chief General Manager, Reserve Bank of India, Department of Cooperative Bank Regulation, Garment House, Dr.Annie Besant Road, Mumbai - 400 018.
4/5
Dr.G.Jayachandran,J.
bsm bsm 28.08.2019 5/5