M/S. Tecton Engineering And Constructions Llc, v. M/S.Chennai Metropolitan Water Supply And Sewerage Board

in O.P.No.289 of 2021 KRISHNAN RAMASAMY, J.

This application was filed for direction to direct the Registrar General of this Hon'ble Court to endorse and hand over the fixed deposit receipt for a sum of Rs.5,06,59,197/- invested on 06.09.2022 for a period on one year to the credit of O.P.No.289 of 2021 with the Indian Bank, Madras High Court Branch, in favour of the petitioner.

2. The learned counsel for the applicant would submit that the award was passed in favour of the petitioner and thereafter the respondent-corporation herein has challenged the said award by way of O.P.No.289 of 2021. When the said OP came up for admission, this Court directed the respondent-corporation to deposit a sum of Rs.5 Crore. Based on the above direction, the respondent has also deposited the said amount. In the said fixed deposit along with accumulated interest a sum of Rs.5,06,59,197/- is available. After the dismissal of OP, now the applicant filed a petition for payment out. Page No.1/4

3. However, the learned counsel appearing for the respondentcorporation would submit that they have preferred an appeal before the Division Bench of this Court by way of OSA, challenging the dismissal order passed by this Court. However, the said OSA is still in SR stage.

4. Though this Court has granted sufficient time, the said OSA is yet to be numbered. Therefore, this Court directs the Registrar General of the High Court of Madras to handover the Fixed Deposit to the applicant with an endorsement in favour of the petitioner.

5. Accordingly, the Registrar General, High Court of Madras is directed to encash the security, viz., fixed deposit for a sum of Rs.5,06,59,197/- (Rupees Five Crore, Six Lakhs, Fifty Nine Thousand, One Hundred and Ninety Seven Only) along with accrued interest as on the date of withdrawal in Indian Bank, Madras High Court Branch, Chennai, pay to the applicant herein within a period of two weeks from the date of receipt of memo from the applicant along with this order copy and realisation thereof, less Government Commission and audit fees on accrued interest and issue a cheque therefore in their favour. Page No.2/4

6. With the above direction, this Application is allowed. 15.02.2023 nsa Note: Issue order copy on 16.02.2023.

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KRISHNAN RAMASAMY, J.

nsa in O.P.No.289 of 2021 15.02.2023 Page No.4/4