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Madras High CourtWMP/27036/2023allowed

Thiruvalluvar Transport Corporation Employees v. M.S.Ramesh

2023-09-19Honourable Mr Justice S. Sounthar2 pages

W.M.P.No.27036 of 2023 in W.P.No.7340 of 2023 W.M.P.No.27036 of 2023 in W.P.No.7340 of 2023 S.SOUNTHAR,J.

This petition has been preferred to implead the respondents 2 and 3 as party respondents in the main writ petition.

2. The 1st respondent herein filed the writ petition seeking a direction to respondent to settle a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) with 11.75 percentage interest deposited vide Receipt No.5188 dated 05.10.2016 to the writ petitioner.

3. It is the main case of the 1st respondent/writ petitioner that he deposited a sum of Rs.25,00,000/- in the petitioner's Society and he was issued with a Fixed Deposit Receipt bearing Receipt No.5188 dated 05.10.2016. It is further case of the 1st respondent/writ petitioner that even after maturity of the said deposit, the said amount has not been paid to him. Therefore, he was constrained to file the present writ petition before this Court.

4. The learned counsel appearing for the 1st respondent/writ petitioner submitted that a complaint is pending before the Ministry of Cooperation, Government of India by number of Members of petitioner's Society and therefore, the present impleading petition need not be entertained.

https://www.mhc.tn.gov.in/judis

W.M.P.No.27036 of 2023 in W.P.No.7340 of 2023 S.SOUNTHAR,J.

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5. The petitioner herein filed a counter affidavit denying the allegation of the 1st respondent/writ petitioner that he deposited the above said amount with the petitioner's Society. It is the specific case of the petitioner herein that the 1st respondent/writ petitioner is not a Member of the Society and Fixed Deposit Receipt produced by him is concocted and bogus document.

6. In view of the specific stand taken by the petitioner herein that the Fixed Deposit Receipt relied on by the 1st respondent/writ petitioner is a bogus document and he never deposited any amount with the petitioner's Society, the matter requires detailed investigation by Police Department. Therefore, the respondents 2 and 3 are necessary parties to this writ petition and accordingly, the impleading petition in W.M.P.No.27036 of 2023 is allowed.

7. The Registry is directed to carry out necessary amendment in the cause title and list the writ petition on 21.09.2023 immediately after admission. 19.09.2023 dm W.M.P.No.27036 of 2023 in W.P.No.7340 of 2023 https://www.mhc.tn.gov.in/judis