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Madras High CourtCRP(MD)/518/2022disposed of

Prabhu Deva, v. The Managing Director

2022-03-17Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.518 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(MD).No.518 of 2022 Prabhu Deva : Petitioner/Petitioner/2nd Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation, Divisional Office, at Bye Pass Road, Palaganatham, Madurai : Respondent/ Respondent/ Respondent PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Principal District Court, Ramanathapuram to number the petition in I.A.S.R.No. 3480 of 2021 in M.C.O.P No.39 of 2017 and try the same in accordance with law. For petitioner : Mr. S.Vignesh

ORDER

The revision petitioner / 2nd petitioner filed this revision seeking a direction to the Principal District Court, Ramanathapuram to number the petition in I.A.S.R.No. 3480 of 2021 in M.C.O.P No.39 of 2017, pending on his file.

2. Heard the learned counsel appearing for the petitioner. Since no adverse order passed against the respondent, notice to the respondent is not necessary.

3. The revision petitioner filed the said I.A.SR.No.3480 of 2021 for cheque petition, which was returned by the MCOP Court for the following reasons:

"1. Notice given to be other side.

2. Correct Bank name, IFSC Code No and account no. to be stated in the receipt.

3.Date of disposal to be mentioned in the payment schedule.

4.Advocate signature to be obtained in the calculation memo.

5.Corrections to be carried out.

6.Appeal and stay or pending or not, undertaking to be stated in the affidavit.

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C.R.P(MD).No.518 of 2022

7. As per decreetal order the petitioner is entitled to half of the amount."

4. Without representing the matter, straight away the revision petitioner filed this revision. The 7th return is as per the decreetal order the petitioner is entitled to 1⁄2 of the amount, but, as per the Lok Adalat Award, the petitioner is entitled to Rs.4,00,000/-. So, the 7th return is not proper.

5. The revision petitioner is directed to represent the said cheque petition with proper explanation. On such representation, the Principal District Judge, Ramanathapuram is directed to peruse the records and number the I.A.SR.No.3480 of 2021 within a period of 15 days from the date of receipt of copy of this order.

(*)6. "With the above observation, the Civil Revision Petition is disposed of. No costs. Registry is directed to return the original plaint to the learned counsel for the petitioner, after retaining a photocopy of the same."

Sd/- Assistant Registrar (AD-II) (*)Amended as per order of this Hon'ble Court dated 22.04.2022 made in CRP(MD)No.518 of 2022 Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) trp To (*)To be Substituted the order already despatched on 01.04.2022 The Principal District Judge, Ramanathapuram. COPY TO:- The Section Officer, E.R.Section, Madurai Bench of Madras High Court, Madurai.

C.R.P(MD).No.518 of 2022 17.03.2022 SS/25.03.2022 : 2P/2C ss(CO)GC(02.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2