Sri Venkateswara Educational v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2019

CORAM

The Hon'ble Mr.JUSTICE M.SUNDAR W.P. No.27678 of 2004 & W.M.P.Nos.7511 and 20502 of 2019 Sri Venkateswara Educational Trust rep. By its Managing Trustee, P.Vajravelu, S/o.T.Palaniappan, No.4C, Ramasamy 4th Street, Rasipuram-637 408 Namakkal District.

.. Petitioner Vs.

1.The General Manager, Canara Bank, Circle Office, Chennai-2.

2.The Branch Manager, Canara Bank, Gugai Branch, Salem.

3.The Branch Manager, Canara Bank, Rasipuram, Namakkal District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of mandamus directing the respondents to repay the excess amount of Rs.9,43,109/- (received by the second respondent amounting to Rs.5,91,565.00 and the third respondent amounting to Rs.4,01,544.00) received by the respondents from the petitioner's trust together with interest at the rate of 10% per annum from 23.3.2004 till the repayment of Rs.9,43,109/- by the respondents.

For Petitioner : R.Sankara subbu For Respondents : Mr.P.R.Raghunathan for M/s.T.S.Gopalan & Co.

ORDER

This writ petition was referred to mediation vide an order of referral dated 21.08.2019. 'Tamil Nadu Mediation and Conciliation Centre under the aegis of this Court' ('TNMCC' for brevity) has since sent to this Court a mediation report dated 30.10.2019 stating that mediation has been completed and an agreement dated 22.10.2019 captioned 'Memorandum of Settlement' has also been enclosed.

2. Learned counsel on both sides, i.e., Mr.S.Packiaraj, learned counsel for petitioner and Mr.P.Raghunathan, learned counsel of M/s.T.S.Gopalan & Co. (Law Firm) for respondents submit that instant writ petition and writ miscellaneous petitions may please be disposed of in terms of aforesaid Memorandum of Settlement, which reads as follows:

3. It is also submitted by both the learned counsel that parties were present before TNMCC for concluding / signing the Memorandum of Settlement and therefore, their presence may please be dispensed with. This request is acceded to. It is submitted by learned counsel on both sides without disputation that all payments in accordance with aforesaid Memorandum of Settlement have been tendered, accepted and encashed.

Writ petition and writ miscellaneous petitions are disposed of in terms of aforesaid Memorandum of Settlement dated 22.10.2019, which shall form part of this order. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gpa To 1.The General Manager, Canara Bank, Circle Office, Chennai-2.

2.The Branch Manager, Canara Bank, Gugai Branch, Salem.

3.The Branch Manager, Canara Bank, Rasipuram, Namakkal District.

W.P.No.27678 of 2004 ssd[co] srg 29/01/2020