H.K.Vijay Kumar v. The Oriental Benefit And Deposit Society Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH C.R.P. (PD) No. 3636 of 2018 and C.M.P. No. 20257 of 2018

1. H.K.Vijay Kumar

2. P.Vimala

3. H.K.Sridhar

4. H.K.Sudarshan

...Petitioners

Vs

1. The Oriental Benefit and Deposit Society Ltd., No.108, Audiappa Naicken St., Chennai - 600079.

Rep. by R2 and R3

2. G.H.Krishnakumar

3. G.M.Gopukumar

4. South Indian Bank, Mount Road Branch, Anna Theatre Complex, 19, Mount Road, Chennai - 600002.

Rep. by its Branch Manager

5. State Bank of Patiala, 50, Broadway, Chennai - 600108.

Rep. by its Branch Manager

6. Competent Authority and District Revenue Officer, Chennai Collectorate, Chennai - 600001.

...Respondents

Prayer: Civil Revision Petition filed Under Article 227 of the Constitution of India to set aside the fair and final order dated 20.08.2018 in I.A.No.24 of 2017 in O.A.No.3 of 2014 on the file of the TNPID Court at Chennai and consequently not to implead the petitioners as respondents 6 to 9 in O.A.No.3 of 2014.

For Petitioners : Mr.R.Rajesh

O R D E R

In view of Section 11 of the Tamil Nadu Protection of Interest of Depositors in Financial Establishments Act, 1997, an appeal would lie against the order passed by the Special Court under the said Act. As such, the present civil revision petition is not maintainable.

2. It is seen that the petitioners have inadvertently preferred a revision within 30 days from the date of receipt of the order. Hence, this Court is of the view that the petitioners should be granted a further time to prefer the appeal.

3. In the light of the above observations, the Civil Revision Petition stands dismissed as not maintainable, with a liberty to the petitioners to prefer an appeal against the order passed in I.A.No.24 of 2017 dated 20.08.2018 within a period of 30 days from today. No costs. Consequently, connected Miscellaneous Petition is closed. Registry is directed to return the original impugned orders to the revision petitioners. 16.11.2018 Index:Yes/No Speaking Order: Yes/No hvk Note: Issue order copy on 19.11.2018 To

1. TNPID Court, Chennai.

2. Competent Authority and District Revenue Officer, Chennai Collectorate, Chennai - 600001.

M.S.RAMESH, J.

hvk C.R.P. (PD) No. 3636 of 2018 and C.M.P. No. 20257 of 2018 16.11.2018