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Madras High CourtCMP(MD)/5952/2025allowed

1. Palliyadi Retna Chit Fund Private Limited v. The Competnt Authority And

2025-04-17Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Seventeenth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CMP(MD). No.5952 of 2025 in CMA(MD).NO.1413 OF 2024

1. Palliyadi Retna Chit Fund Private Limited, Kanniyakumari District

2. V.S.Rethna Kumari W/o.Kangaraj (Late),

3. K.Penkar Semalinrict.

4. K.Askar Sahaskon

5. K.Helton God Rimlet

6. K.Kenittar Kranglinkanik

7. K.Johnskar Sibiraidili ... Petitioners/Appellants - Vs. -

1. The Competnt Authority And District Revenue Officer,

2. A.R.Bhoothalingam Pillai

3. The Branch Manager Tamilnadu Mercantile Bank, Palliyady.

4. The Branch Manager Indian Overseas Bank, Kottar, Nagercoil - 629 002.

5. The Deputy Superintendent Of Police, E.O.W.Ii, Nagercoil,

6. The Inspector of Police E.O.W.Ii, Nagercoil,

7. The Deputy Registrar of Chits (Arbitration) Nagercoil,

8. The Deputy Registrar of Chits (Arbitration) Marthandam, ... Respondents/Respondents Prayer in CMP(MD). No.5952 of 2025:- Civil Miscellaneous Petition filed under Section 151 C.P.C,to clarify the orders passed in CMA(MD) No.1413 of 2024 dated 03-02-2025 with regard to fixed deposit for an amount of Rs.2,84,16,540.33.

Prayer in CMA(MD).NO.1413 OF 2024:- Civil Revision Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to prefer this memorandum of civil revision petition against the order and decreetal order passed in O.A.No.4 of 2015 dated 31.08.2021 on the file of the Special Court under TNPID Act Cases, Madurai.

ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon

hearing the arguments of Mr.P.Prabhakaran, Advocate for the Petitioner and of Mr.A.Kannan AGP, for the respondent R1,R5 to R8 and Mr.Boothalingam pillai Advocate for Respondent R2 and Mr. A.R.M.Ramesh Advocate for Respondent R3 and Mr.N.Dilipkumar Advocate for Respondent R4, this Court made the following order:

1. This Court has already granted permission to withdraw the fixed deposit amount. However, in the current account No.086402000000655, there is a balance of Rs.38,57,766/-. This Court has not granted any explicit permission in the final order, however there is an observation. Therefore, the present Civil Miscellaneous Petition is filed seeking permission to withdraw the fixed deposit amount.

2. Considering the facts and circumstances of the case, the petitioners are permitted to withdraw the amount. The respondents are directed to permit the petitioners to withdraw the amount from the current account.

3. With these observations, this petition is clarified. Sd/- Assistant Registrar(CS II) // True Copy // / /2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO

1. The Competnt Authority And District Revenue Officer

2. The Branch Manager Tamilnadu Mercantile Bank Palliyady Branch Palliyady.

3. The Branch Manager Indian Overseas Bank Kottar Nagercoil - 629 002.

4. The Deputy Superintendent Of Police E.O.W.Ii Nagercoil

5. The Inspector of Police E.O.W.Ii Nagercoil

6. The Deputy Registrar of Chits (Arbitration) Nagercoil

7. The Deputy Registrar of Chits (Arbitration) Marthandam Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai +1CC to M/s.P.Prabhakaran,Advocate(SR.No.4418)

ORDER DATED : 17/04/2025 ==========================

ORDER

========================== CMP(MD). No.5952 of 2025 Giving direction and etc.

as stated within.

MGJ (05.06.2025) 5P 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023