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Madras High CourtWP(MD)/20645/2018dismissed

M/S.Chandran And Co., v. The Chairman And Managing

2024-11-19Honourable Mr Justice G.K. Ilanthiraiyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.18402 of 2018 M/s.Chandran and Company Represented by its Managing Partner, R.Indira ... Petitioner Vs 1.The Chairman and Managing Director, The Catholic Syrian Bank Limited, Registered Office, Post Box No.502, College View, St.Mary's College Road, Trichur, Kerala State.

2.The Zonal Manager, The Catholic Syrian Bank Limited, Zonal Office, II Floor, SIMA Buildings, Door No.41-A, Race Course Road, Coimbatore.

3.The Chief Manager, The Catholic Syrian Bank Limited, Palani Road, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent in his proceedings in No.CSB/DINDIGUL/31102017/1/2017 dated 31.01.2017 and quash the same and consequently direct the respondent bank to refund the maturity value of the four fixed deposits viz., 1.Rs.50,000/- 1/6

bearing No.2003082 invested on 25.6.2003 2) Rs.1,00,000/- bearing No.2003085 invested on 23.06.2003 (3) Rs.1,00,000/- bearing No.2004002 invested on 10.01.2004 (4) Rs.4,00,000/- invested by the petitioner firm along with interest from 2003-2004 together with compensation and costs to the petitioner firm herein. For Petitioner : Mr.V.Vijayshankar For Respondents : No appearance

ORDER

This Writ Petition has been filed by the petitioner challenging the communication of the third respondent dated 31.10.2017.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The petitioner firm had made short term fixed deposits with the third respondent as four fixed deposits. All the deposits have got matured in the year 2003-2004 itself. After maturity, the petitioner made a request to the third respondent for refund of the matured fixed deposit amount. However, the petitioner was informed that out of the four fixed deposits, two accounts have been 2/6

transferred to the suit account in the year 2010 and the remaining deposits are pending with the third respondent. 4.On perusal of the records produced by the third respondent would reveal that the deposits made by the petitioner were closed and transferred to ODH of M/s.C.P Spinning Mills (P) Limited. The details are as follows:

Accordingly, the fixed deposits were closed.

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5.In view of the above, this Court finds no infirmity or illegality in the order passed by the third respondent, dated 31.10.2017 and the Writ Petition itself is devoid of merits and the same is liable to be dismissed.

6.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

19.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Chairman and Managing Director, The Catholic Syrian Bank Limited, Registered Office, Post Box No.502, College View, St.Mary's College Road, Trichur, Kerala State.

2.The Zonal Manager, The Catholic Syrian Bank Limited, Zonal Office, II Floor, SIMA Buildings, Door No.41-A, Race Course Road, Coimbatore.

3.The Chief Manager, The Catholic Syrian Bank Limited, Palani Road, Dindigul District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 19.11.2024 6/6