V. Berkmans v. Subramanian,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Berkmans ... Petitioner versus

1. Thiru.Subramanian The Registrar, Cooperative Societies, Kilpauk, Chennai - 600 010.

2. Thirumathi T.Manimegalai The Deputy Registrar of Cooperative Societies, No.51, Aruna Nagar Govindarajulu Salai, (Opp. Municipality Park) Karaikudi 630 001.

Sivagangai District.

3. Thiru Somalingam, The President, DR(L) RMD, 6, Kallal Cooperative Primary Agricultural &Rural Development Bank (Banking Sector) No.35, Chekkalai, 2nd Street, Karaikudi - 630 002 Sivagangai District.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for willfully disobedience of the order dated 27.01.2020 made in W.P.(MD)No.1507 of 2020.

Prayer in WP(MD). 1507/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondents herein to forthwith disburse the entire retirement benefits including gratuity, provident fund and all arrears and monthly pension payable to the petitioner together with interest at 12 percent p.a. for the delayed settlement from the date of retirement on 31-08-2011.

For Petitioner : Mr.S.Srinivasa Raghavan For R1 & R2 : Mr.S.Saji Bino, Special Govt. Pleader For R3 : Mr.S.Seenivasagam 1/3

ORDER

Today, when the matter is taken up for consideration, the learned counsel appearing for the third respondent submits that the petitioner challenged surcharge proceedings in C.M.A.(CS) No.7 of 2014 before the District Court, Sivagangai, which was allowed by Judgment and Decree dated 31.03.2016, by setting aside the surcharge proceedings. As against the said Judgment, the third respondent filed revision petition before this Court in CRP(MD)No.937 of 2021.

2. In view of the above, the Contempt Petition is closed. No costs. The petitioner could approach this Court depending upon the outcome of the revision petition.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ogy Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Registrar, Cooperative Societies, Kilpauk, Chennai - 600 010.

2. The Deputy Registrar of Cooperative Societies, No.51, Aruna Nagar Govindarajulu Salai, (Opp. Municipality Park) Karaikudi 630 001, Sivagangai District.

2/3

3. The President, DR(L) RMD, 6, Kallal Cooperative Primary Agricultural &Rural Development Bank (Banking Sector) No.35, Chekkalai, 2nd Street, Karaikudi - 630 002, Sivagangai District.

+1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-3180[F] dated 31/01/2022 ) +1 CC to M/s.SPL.GP ( SR-3127[F] dated 31/01/2022 ) 28.01.2022 RK(16/03/2022) 3P 6C 3/3