Damodar Hariram And 3 Others v. Arumugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.09.2025 Coram:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Damodar Hariram 2.Amit Damodar 3.Vinay R Asrani 4.Ramesh L Asrani

...Petitioners

Vs.

Arumugam, No.105, Arcot Road, Kodambakkam, Chennai 600 024

...Respondent

PRAYER: Contempt petition filed under Sections 11 & 12 of the Contempt of Courts Act, 1971 praying to punish the respondent herein for willful disobedience of the order passed by this Court in Crl.RC.No.899 of 2023 on 17.08.2023.

For Petitioners : Mr.C.P.Hemkumar Mr.K.Jayaraman For Respondent : Mr.N.Surya Narayanan for Mr.Rahul Balaji 1/6

ORDER

This contempt petition has been filed to punish the respondent for disobeying the orders passed by this Court in Crl.RC.No.899 of 2023 on 17.08.2023 thereby issued the following directions: "i.The Criminal Revision is allowed. Consequently connected miscellaneous petitions are dismissed. ii.the order dated 20.04.2023 passed in Crl.M.P. No.3557/2023 on the file of the Metropolitan Magistrate, For Exclusive Trial of CCB cases (relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai 600 008, is set aside.

iii.The learned Metropolitan Magistrate, For Exclusive Trial of CCB cases (relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai 600 008, is directed to get back all the documents from the defacto complainant within one week from the date of receipt of a copy of this order.

iv.The second respondent/defacto complainant is 2/6

directed to submit all the original documents to the concerned court, failing which, the Magistrate is at liberty to take appropriate action against the defacto complainant in accordance with law"

2.

Thus it is clear that if the respondent herein failed to submit all the original documents, the trial court is at liberty to take appropriate action against the second respondent in accordance with law. The respondent herein borrowed loan by depositing title deed from the petitioners. Thereafter, the respondent lodged complaint against the petitioner alleging that the petitioners are charging exorbitant interest. In pursuant to the said complaint, Inspector of Police, CCB-I, Chennai registered FIR in crime No.258 of 2022. After completion of investigation, final report was filed and the same has been taken cognizance in CC.No.3054 of 2024 on the file of the Metropolitan Magistrate, For Exclusive Trial of CCB cases, (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai. While pending trial, the respondent filed petition in Crl.MP.No.3557 of 2023 for return of the documents. It was allowed by the trial court on condition that the respondent shall produce certified copy of the said 3/6

documents and shall produce the original documents as and when required. Aggrieved by the same, the petitioner preferred criminal revision case before this Court. In the criminal revision case, the above order had been passed.

3.

The learned counsel for the respondent would submit that the respondent borrowed a sum of Rs.1,70,00,000/-. So far, the respondent paid Rs.1.70 crores and that apart, Rs.1 crore was already deposited in the suit filed by the petitioners before this Court in CS.No.48 of 2023, which is pending for adjudication. Therefore, the trial court rightly ordered to return the original documents which were deposited while borrowing the loan from the petitioners. Further, even as directed by this Court, if the respondent failed to submit all the original documents before the trial court, the trial court is at liberty to take appropriate action. Accordingly, the trial court imposed Rs.10,000/- as cost and directed the respondent to deposit the cost amount before the District Legal Services Authority, Chennai on or before 28.08.2025. Therefore, as directed by this Court, already the trial court had taken action against the respondent.

4/6

4.

In view of the above, this contempt petition is closed. 17.09.2025 Speaking Order/Non Speaking Order Index : Yes / No Netrual citation:Yes/No lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.Arumugam, No.105, Arcot Road, Kodambakkam, Chennai 600 024 2.The Public Prosecutor, High Court of Madras 17.09.2025 6/6