K.R.Shanmuganathan v. K.Sariyakutti,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2024

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.R.Shanmuganathan ... Petitioners vs.

1.K.Sariyakutti, President, T.1233, Athani Primary Agricultural Co-operative Credit Society Limited, Athani Post, Aranthangi Taluk, Pudukkottai District.

2.R.Rajamoorthi, The Administrator, T.A.58, Kaattupiramanavayal Primary Agircultural Cooperative Society, Kaattupiramanavayal, Payamariyanendhal Post, Manmelkudi Taluk, Pudukkottai District.

3.S.Sangeetha, Managing Director, Aranthangi Town Cooperative Bank Limited, Aranthangi Town and Taluk, Pudukkottai District.

... Contemnors 1/6

PRAYER: Petition filed under under Section 11 of the Contempt of Court Act, 1971, to punish the contemnors under the provisions of Contempt of Courts Act 1971 for willful and deliberate disobedience of the order passed by this Court in W.P.(MD)No.5213 of 2017 dated 22.09.2022.

For Petitioner : Mr.R.Paranjothi for M/s.KBS Law Office For R3 : Mr.C.Baskaran Government Advocate For R1 and R2 : Mr.C.Karthikeyan *****

O R D E R

The contempt petition is filed alleging disobedience of the order passed by this Court.

2. The learned Counsel appearing for the 2nd contemnor submitted that the petitioner is entitled Rs.6,39,466/-. However, the contemnors had paid Rs. 2,50,000/- on 14.03.2023, 01.06.2023 and 17.11.2023 in instalments. Now, the balance amount that is payable is Rs.3,89,416/-. Further it is submitted that the Cooperative Society is disbursing the terminal benefits to another person in 2/6

instalments because there are financial difficulties to the Cooperative Society. Hence the contemnors prayed to permit to disburse the balance amount to the present petitioner in instalments. Accepting the submission, this Court directs the contemnors to pay Rs.15,000/- per month and settle the balance (Rs.3,89,416/-) within a period of two years from the date of receipt of a copy of this order. If there is any default, both the parties are at liberty to approach this Court.

3. As far as the first contemnor is concerned, he is liable to pay Rs. 7,47,377/-. The first contemnor is directed to pay the same in instalment of Rs. 25,000/- per month and settle the same (Rs.7,47,377/-) within a period of three years from the date of receipt of a copy of this order. Apart from Rs.7,47,377/-, if there is any other amount payable to the petitioner, the same shall be paid immediately.

4. According to the petitioner, the third contemnor is liable to pay Rs. 3,89,416/-. However, the Learned Counsel appearing for the third contemnor, submitted that the 3rd contemnor has already paid and it has been stated in the 3/6

affidavit of the petitioner itself. However, the petitioner is declining the same. Therefore, the 3rd contemnor is directed to pay the same, if the same is not paid.

5. With the above said directions, the contempt petition is closed with liberty to the petitioner to reopen, if there is any default. No costs. Index : Yes / No 07.06.2024 Internet : Yes Tmg 4/6

To Managing Director, Aranthangi Town Cooperative Bank Limited, Aranthangi Town and Taluk, Pudukkottai District.

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S.SRIMATHY, J Tmg Order made in 07.06.2024 6/6