P. Ayyakannu, Age 72 v. The Union Of India, By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty Fourth day of September Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice M.M.SUNDRESH and The Hon`ble Mr.Justice N.SATHISH KUMAR WMP(MD) No.18023 and 18024 of 2018 IN WP(MD) No.20256 of 2018 P. AYYAKANNU ... PETITIONER (in Both Petitions) Vs 1.THE UNION OF INDIA, BY ITS PRINCIPAL SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI.
2.THE UNION OF INDIA, BY ITS PRINCIPAL SECRETARY, MINISTRY OF LAW & JUSTICE, SASTHRI BHAVAN, NEW DELHI.
3.THE RESERVE BANK OF INDIA, MUMBAI.
4.THE AXIS BANK, TRISHUL, 3RD FLOOR, (OPPOSITE) SAMARTHESHWAR TEMPLE LAW GARDEN, ELLIS BRIDGE, AHMEDABAD, GUJARATH STATE.
5.THE SENIOR MANAGER, THE AXIS BANK LTD., KEELA RAJAVEETHI, PUDUKKOTTAI.
... RESPONDENTS (in Both Petitions) Prayer in WMP(MD) No.18023 of 2018 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased Stay all proceedings all the cases already filed by the 4th respondent u/s.142 of the Negotiable Instruments Act 1881 in places other than the places where the loan transaction entered into between the borrower and the bank pending disposal of this WP.
Prayer in WMP(MD). 18024/ 2018 :
To grant injunction restraining the 4th respondent from filing the cases under section 142 of the Negotiable Instruments Act 1881 in places other than the places where the loan transaction entered into between the borrower and the bank pending disposal of this WP.
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.MUTHUKRISHNAN, Advocate for the petitioner in both petitions and of Mr.C.NANDAGOPAL, Central Government Senior Counsel for the Respondents in both petitions the court made the following order:- Law is quite settled that there is always a presumption in favour of the enactment. In such view of the matter, we are not inclined to grant any interim order.
Accordingly, these miscellaneous petitions are dismissed.
sd/- 24/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE PRINCIPAL SECRETARY, UNION OF INDIA, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI.
2.THE PRINCIPAL SECRETARY, UNION OF INDIA, MINISTRY OF LAW & JUSTICE, SASTHRI BHAVAN, NEW DELHI.
3.THE RESERVE BANK OF INDIA, MUMBAI.
4.THE AXIS BANK, TRISHUL, 3RD FLOOR, (OPPOSITE) SAMARTHESHWAR TEMPLE LAW GARDEN, ELLIS BRIDGE, AHMEDABAD, GUJARATH STATE.
5.THE SENIOR MANAGER, THE AXIS BANK LTD., KEELA RAJAVEETHI, PUDUKKOTTAI.
ORDER
IN WMP(MD) No.18023 and 18024 of 2018 IN WP(MD) No.20256 of 2018 Date :24/09/2018 RAM/VR MMS/SAR 1/01.10.2018/3P/6C