Madras High CourtCONT P(MD)/1494/2022disposed of

Balasubramanian v. Selvaraj

2024-03-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P(MD)No.5088 of 2022 Balasubramanian ... Petitioner / Petitioner Vs.

1.Selvaraj, Joint Director of Health Services, Trichy District, Trichy.

2.The Managing Director, Kavi Hospital and Neuro Foundation, No.205-1, Kumaran Road, Sangiliyandapuram, Trichy.

(R.2 is impleaded vide order of this Court dated 26.02.2024) 3.The Manager, HDFC Bank, West Bulivar Road, Trichy.

(R.3 is suo motu impleaded vide order of this Court dated 01.03.2024) ... Contemnors / Respondents 1/4

PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the Contemnor / 4th respondent for his willful and deliberate disobedience of the order of this Court passed in W.P(MD)No.5088 of 2022 dated 23.03.2022.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.K.S.Selvaganesan Additional Government Advocate for R.1 Mr.A.R.M.Arunachalam for R.2 Mr.Pon Ramkumar for R.5 (In W.P(MD)No.5088 of 2022)

ORDER

Vide order dated 23.03.2022 in W.P(MD)No.5088 of 2022, direction was given to United India Insurance Company to remit in the bank account of the fifth respondent Hospital where the petitioner had taken treatment. Pursuant to the said direction, the insurance company remitted certain amount in the bank account of the Hospital. The grievance of the petitioner is that the Hospital failed to pay the said amount to the petitioner.

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2. When the matter was taken up for hearing, the learned counsel appearing for the second respondent submitted that due to partnership dispute, the bank account has been frozen. The amount in question was paid pursuant to the Court's orders. This amount is meant for the petitioner and not for distribution among the partners. This is because the petitioner had already paid the cost of treatment. Therefore, the third respondent Bank is directed to transfer the amount deposited by the third respondent in the writ petition pursuant to the order dated 23.03.2022 passed by this Court in W.P(MD)No.5088 of 2022 to the account of the petitioner.

3. This Contempt Petition is disposed of with the aforesaid direction.

01.03.2024 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA Note: Registry is directed to mark a copy of this order to the third respondent.

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G.R.SWAMINATHAN, J.

MGA To 1.The Joint Director of Health Services, Trichy District, Trichy.

2.The Managing Director, Kavi Hospital and Neuro Foundation, No.205-1, Kumaran Road, Sangiliyandapuram, Trichy.

in W.P(MD)No.5088 of 2022 01.03.2024 4/4