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Madras High CourtWA/2079/2023disposed of

The General Manager v. D. Balasubramanian

2024-02-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.The General manager, Canara Bank, 563, PB 1078, 1 Anna Salai, Teynampet, Chennai 18 2.The Authorised Officer Canara Bank, Saidapet, 1, 375, Mount Road, Saidapet, Chennai 15 : Appellants versus D.Balasbramanian : Respondent Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge in WP No.28102 of 2022 dated 07.06.2023. For the Appellants :

Mr.P.Raghunathan, for M/s.T.S.Gopalan and Co.

For the Respondent :

Mr.N.Vijayaraj

JUDGMENT

(Made by the Hon'ble Chief Justice) We have heard Mr.P.Raghunathan, learned counsel for the appellants and Mr.N.Vijayaraj, learned counsel for the respondent/ original writ petitioner.

2. The appellant is challenging the order passed by the learned single Judge directing refund of the entire bid amount, deducting Rs.1,00,000/- as cost. The appellant is a bank.

3. On the last date, we had asked learned counsel for the bank whether the bank would consider the case of the respondent on humanitarian grounds as he is suffering from cancer, and without going into the other merits of the matter.

4. Today, learned counsel for the bank submits that the bank has considered the plight of the respondent and has decided to abide by the judgment of the learned Single Judge and refund the amount of Rs.1,77,27,500/- (Rupees One Crore Seventy Seven Lakh Twenty Seven Thousand and Five Hundred only) to the respondent. The said

amount is handed over to the learned counsel for the respondent, by way of two demand drafts. The demand drafts are accepted by the learned counsel for the respondent, towards the full and final settlement of the claim of the respondent.

5. In view of that, nothing survives for adjudication in the writ appeal. The appeal is disposed of. There shall be no order as to costs. Consequently, CMP No.17719 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 22.02.2024 Index : Yes/No : Yes/No tar

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 22.02.2024