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Madras High CourtCONT P(MD)/1079/2018closed

A. John Bosco v. Moni

2019-09-19Honourable Ms.Justice V.M.Velumani3 pages

BEFORE THE MADRUAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2019 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.7599 of 2016 A.John Bosco ... Petitioner/Petitioner Vs.

1. Moni, The Managing Director, (Tirunelveli) Limited, Tirunelveli - 627 003.

2. Thiruvambalam Pillai, The General Manager, (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nesamani Nagar, Nagercoil - 629 001.

3. Arumugam, The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

... Contemnors/Respondents Prayer : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to commit and punish the respondents for their wilful disobedience of the order passed by this Court, dated 20.04.2016, in W.P.(MD)No.7599 of 2016.

Prayer in WP(MD). 7599/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to pay the retirement benefits with interest to the Petitioner in view of the representation dated 22.09.2015 1/3

For Petitioner : Mr.C.T.Perumal For Respondents : Mr.K.Sathiya Singh Standing Counsel

O R D E R

Alleging non-compliance of the order dated 20.04.2016, made in W.P.(MD)No.7599 of 2016, the present contempt petition has been filed.

2.Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for the respondents submitted that the order of this Court, dated 20.04.2016, passed in W.P.(MD)No.7599 of 2016, has been complied with. However, the learned counsel appearing for the petitioner submitted that all the amounts have been paid only with 6% interest and the cheques were not handed over to the petitioner on the date of the cheques and all the installments have been paid belatedly and therefore, the petitioner is entitled for 18% interest for the delayed period. 3.In reply, the learned Standing Counsel appearing for the respondents submitted that due to financial crisis, after obtaining lump sum amount from the Government, the entire amount was settled to the petitioner.

4.Recording the above said submissions, this contempt petition is closed. It is open to the petitioner to make a representation to the respondents for the remaining amount with interest, if any. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) smn2 To

1. Moni, The Managing Director, (Tirunelveli) Limited, Tirunelveli - 627 003.

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2. Thiruvambalam Pillai, The General Manager, (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nesamani Nagar, Nagercoil - 629 001.

3. Arumugam, The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

+1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-88077[F] dated 20/09/2019 ) +1 CC to M/s.C.T.PERUMAL, Advocate ( SR-88224[F] dated 20/09/2019 ) Cont.P.(MD)No.1079 of 2018 19.09.2019 JMN(03.10.2019) 3P : 6C 3/3