The Proprietor/Director, v. The Authorized Signatory,
IN THE HIGH COURT AT JUDICATURE AT MADRAS
DATED: 14.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI The Proprietor/Director, STNC PNEUMATICS (INDIA) PRIVATE LIMITED, No. 39, Ayyappa Chetty Street, Parrys, Chennai - 600 001.
...Petitioner
Vs.
1. The Authorized Signatory, Centralized Receipt and Processing Centre (CRPC), Reserve Bank of India, Chennai.
2. The Branch Manager, IDBI Bank, Thambu Chetty Street Branch, Chennai - 600 001.
3. The Branch Manager, Karur Vysya Bank, Egmore Branch, Chennai - 600 008.
4. The Commercial Tax Officer, 1/7
Broadway Assessment Circle, Commercial Tax Department, Chennai - 600 001.
5. Messr Varun Industries, No. 36/14, Errabaluchetty Street, Broadway, Chennai -600 001.
...Respondents
Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 4 th respondent to defreeze the amount of the petitioner of Rs.10,51,995/- from M/s. Varun Industries account which has been wrongly credited by the petitioner, in the 5 th respondent account through the 3 rd respondent Bank, consequentially directing the 3 rd respondent to refund the mistakenly credited account of Rs. 10,51,995/- to the petitioner account in Account No. 0907102000059705 in IDBI Bank, Thambu Chetty Street, Branch, Chennai, the 2 nd respondent herein within the time framed fixed by this Hon'ble Court.
For Petitioner : Mr.K.Venkatraman for Mr.S.Srinivasan For Respondents : Mr.T.Poornam for R1 No appearance for R2 Mr.S.L.Rajesh for R3 Mr.V.Veluchamy, Additional Govt. Pleader for R4 2/7
Not Ready Notice- R5
ORDER
Writ petition is filed for a writ of mandamus, directing the 4 th respondent to defreeze the amount of the petitioner of Rs.10,51,995/- from M/s. Varun Industries account which has been wrongly credited by the petitioner, in the 5 th respondent account through the 3 rd respondent Bank, consequential direction to the 3 rd respondent to refund the mistakenly credited account of Rs. 10,51,995/- to the petitioner account bearing A/C. No. 0907102000059705 in IDBI Bank, the 2 nd respondent herein within a stipulated time fixed by this Court.
2. The petitioner is running a company under the name and style of STNC Pneumatics (India) Private Limited, there was a business transaction between the petitioner and one M/s. Sri Ganesh Industries. The petitioner instead of sending the amount to Sri Ganesh Industries to the tune of Rs.10,51,995/- through RTGS mode inadvertently transferred to the 5 th respondent and subsequently petitioner came to know that the 5 th respondent account was 3/7
freezed by the Commercial Tax Department, thereby the 3 rd respondent was not able to recover the amount from the 5 th respondent. To re-transfer the money to the petitioner's account, the present writ petition is filed.
3. Learned senior counsel appearing for the petitioner would submit that petitioner may be permitted to file appropriate application before the 4 th respondent/ Commercial Tax Department to return the money to the tune of Rs.10,51,995/- from the 5 th respondent account either to the petitioner's account or the M/s. Sri Ganesh Industries account.
4. In view of the submissions made by the learned counsel for the petitioner, this Court is inclined to permit the petitioner to file appropriate application before the 4 th respondent/ Commercial Tax Officer to make appropriate claim within a period of two weeks from the date of receipt of a copy of this order. If such claim application is filed by the petitioner, the 4 th respondent is directed to conduct enquiry in-between the petitioner and the 5 th respondent and pass appropriate orders in the manner known to law within a period of six (6) weeks thereafter.
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5. In the earlier occasion vide order dated 16.07.2024, for not filing the counter by the remaining respondents except 3 rd respondent, this Court imposed costs of Rs.5,000/- payable to Cancer Institute, Adyar, Chennai. The said order is dispensed with.
Writ petition is accordingly disposed of with the above direction. No costs.
14.10.2024 Index:Yes/No Speaking order:Yes/No dsn 5/7
To
1. The Authorized Signatory, Centralized Receipt and Processing Centre (CRPC), Reserve Bank of India, Chennai.
2. The Branch Manager, IDBI Bank, Thambu Chetty Street Branch, Chennai - 600 001.
3. The Branch Manager, Karur Vysya Bank, Egmore Branch, Chennai - 600 008.
4. The Commercial Tax Officer, Broadway Assessment Circle, Commercial Tax Department, Chennai - 600 001.
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M.DHANDAPANI,J.
dsn W.P.No. 30125 of 2023 14.10.2024 7/7