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Madras High CourtCMP(MD)/7710/2017allowed

Alliance Ministeries v. Chandralakshmna Das

2017-11-08Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eighth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.7710 of 2017 IN AS No.518 of 1996 ALLIANCE MINISTERIES (A PUBLIC RELIGIOUS CHARITABLE TRUST, REP. BY ITS TRUSTEE AND FIELD DIRECTOR REV.EDGAR H.LEWELLON ... PETITIONER/RESPONDENT Vs 1 CHANDRALAKSHMNA DAS RAHEJA 2 M/S.KARLTON HOTAL KODAIKANAL TAMILNADU ANNA DISTRICT.

3 M/S.FERANI HOTELS LTD., KODAIKANAL, TAMILNADU ANNA DISTRICT 4 M/S.K.RAHEJA CONSTRUCTIONS LTD., CAR 24TH ROAD, CONSTRUCTION HOUSE, BOMBAY ... RESPONDENTS/APPELLANTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order directing the Principal Subordinate Judge, Dindigul to order payment out and further directing the said Court to pay 50% of the total amount deposited with Principal Subordinate Court, Dindigul in the name of Alliance Ministries having office at Mumbai07 such amount to be paid from the deposits made in O.S.No.215 of 1993 on the file of the Subordinate Judge, Dindigul and pass such further or others orders as may be necessary in the circumstances of the case and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.KRISHNAKUMAR, Advocate for the petitioner and of MRS.R.RAJALAKSHMI, Advocate for M/S.SARVABHAUMAN, Associates for the Respondent the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ This application is filed seeking for a direction to order payment out of 50% of the deposited amount which is lying in the

credit of O.S.No.215 of 1993 on the file of the Principal Subordinate Court, Dindigul.

2.It seems that the respondents have deposited above Rs.22,00,000/- (Rupees Twenty Two lakhs Only) to the credit of O.S.No.215 of 1993.

3.The learned counsel for the respondent has no objection for the petitioner to withdraw a sum of Rs.10,00,000/- (Rupees Ten lakhs Only).

4.In view of the above submission, this petition is allowed and the petitioner is permitted to withdraw a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) which is lying to the credit of O.S.No.215 of 1993.

sd/- 08/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL SUBORAINATE JUDGE, DINDIGUL +1. C.C. to M/S.S.KRISHNAKUMAR Advocate SR.No.34019 GJM/RR/SAR-2-20.11.2017-2P-3C

ORDER

IN CMP(MD) No.7710 of 2017 IN AS No.518 of 1996 Date :08/11/2017 https://hcservices.ecourts.gov.in/hcservices/