Madras High CourtWA(MD)/592/2011dismissed for nonprosecution

K.Bharathi v. The Branch Manager

2018-01-19Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.A(MD)No.592 of 2011 and M.P.(MD)No.1 of 2011 K.Bharathi ... Appellant/Petitioner Vs.

1.The Branch Manager, Union Bank of India, 13/100 M.S.Road, Nagercoil-629 001.

Kanyakumari District.

2.The District Collector/Chairman, Tsunami District Implementation Unit, Kanyakumari District, Nagercoil.

3.The Project Coordinator, Tsunami District Implementation Unit, No.9, Popular Building, Perinba Street, Nagercoil, Kanyakumari District. ...Respondents/Respondents Prayer: Writ Appeal is filed under Clause 15 of Letters Patent Act, against the order dated 06.04.2011, passed by this Court in M.P.(MD) No.1 of 2011 and W.P.(MD)No.3456 of 2011.

Prayer in WP(MD). 3456/ 2011:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certioraraified Mandamus calling for the records pertaining to the impugned letter in ADV:VI:462/2010 dated 11/08/2010 issued by the 1st respondent

intimating the release of the Bank Guarantee to the tune of Rs.54,05,900/- and quash the same and consequently direct the 1st respondent to get back the sum of Rs.49,33,000/- paid to the respondents 2 and 3 out of the Bank Guarantee as those bank Guarantees already expired.

For Appellant : No Appearance For Respondents : No Appearance for R.1 : Mr.M.Murugan Government Advocate for R.2 : Mr.J.Alaguram Jothi for R.3

JUDGMENT

(Judgment of the Court was made by M.SATHYANARAYANAN,J.) A perusal of the order sheet would disclose that on 17.01.2018, there was no representation on behalf of the appellant and hence, the matter was directed to be listed "for dismissal" on 19.01.2018.

2. Today, when the matter was called, once again there was no representation on behalf of the appellant. Therefore, the Writ Appeal is dismissed for default. No costs.Consequently, the connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To 1.The Branch Manager, Union Bank of India, 13/100 M.S.Road, Nagercoil-629 001.

Kanyakumari District.

2.The District Collector/Chairman, Tsunami District Implementation Unit, Kanyakumari District, Nagercoil.

3.The Project Coordinator, Tsunami District Implementation Unit, No.9, Popular Building, Perinba Street, Nagercoil, Kanyakumari District.

+1cc to M/S.J.ALAGURAM JOTHI, Advocate SR.No.43278. +1cc to Special Government Pleader in SR.No.43688. W.A(MD)No.592 of 2011 19.01.2018 ssl/dsk SDS/MR/SAR 4/02.02.2018/2P/6C