Duraiarasan v. P.Thiruvambalam Pillai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Duraiarasan ... Petitioner Vs.

P.Thiruvambalam Pillai, Managing Director, The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division I, No.37, Mettupalayam Road, Coimbatore.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent herein for disobeying the orders of this Court made in W.P.No.19852 of 2020 dated 27.01.2022. For Petitioner : Mr.D.Anand Raja For Respondent : Mr.M.Murali Vinod, Standing Counsel 1/4

O R D E R

This Contempt Petition has been filed complaining wilful disobedience of the order dated 27.01.2022 in W.P.No.19852 of 2020 by the respondent.

2.

During the course of hearing, on behalf of the respondent, the counter affidavit has been filed. It is stated in the said counter affidavit that the order of the Court is complied with by issuing a cheque bearing No.814480 dated 07.12.2022 for an amount of Rs.29,336/- for PF interest amount; another cheque bearing No.819309 dated 07.12.2022 for an amount of Rs.20,488/- for Gratuity interest amount and another cheque bearing No.983093 dated 24.04.2023 for an amount of Rs.8,161/- for EL Encashment interest.

3.

In the said counter affidavit, the respondent further submits that the order of the Court is not complied with, within a stipulated time due to the financial crux and exigency prevailing in the Transport Corporation and they could not mobilize funds due to Covid-19 pandemic also, as the buses were not operated and only very few number of buses were operated which met a huge loss to the Corporation. 2/4

4.

The respondent tendered his unconditional apology for the delay caused in implementing the order of the Court in true letter and spirit.

5.

Having considered the facts and circumstances of the case and on consideration of the averments made in the affidavit filed by the respondent, this Court satisfied that the respondent has complied with the order passed by this Court.

6.

This Court is also of the opinion that the unconditional apology tendered by the respondent is bonafide and as such, it has to be accepted.

7.

For the reason stated above, in my considered view, further adjudication in this contempt case is unwarranted. 3/4

BATTU DEVANAND,J.

8.

Accordingly, this Contempt Petition is closed. 08.06.2023 Index :Yes/No AT 4/4