Madras High Court
The Divisional Railway Manager vs M/S. Premier Garment Processing on 21 April, 2021
W.A.No.1043 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2021
CORAM :
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.A.No.1043 of 2020
1.The Divisional Railway Manager,
Southern Railway,
Salem Division,
Salm.
2.The Senior Divisional Mechanical Engineer,
Southern Railway,
Divisional Office, Mechanical Branch,
Salem. ..Appellants
Vs
M/s. Premier Garment Processing,
Rep. by its Proprietor Ibrahim Shah,
Having Office at No.29,
Govindan Street, T.Nagar,
Chennai - 600 017. ..Respondent
Prayer: Appeal filed under Clause 15 of the Letters Patent against
the order dated 20.02.2020 passed in W.A.No.14412 of 2017.
For Appellants : Mr.P.T.Ramkumar
For Respondent : Mr.Richardson Wilson
for M/s.Wilson Associates
https://www.mhc.tn.gov.in/judis/
Page 1 of 5
W.A.No.1043 of 2020
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
What has been appealed against is only an order of
remand.
2. Incidentally, the learned Single Judge directed the
appellants to return the amount of Rs.38,41,853.30. The following
is the operative portion of the order passed:
"28. In the result, the impugned order dated 22.11.2016
in proceedings Ref.No.SA/M 271/Linen/12674/12656 on
the file of the second respondent is hereby quashed and
the matter is remanded back to the second respondent
for fresh consideration and the second respondent shall
pass final orders after affording sufficient opportunity to
the petitioner by adhering to the principles of natural
justice as stated supra and pass final orders within a
period of eight weeks from the date of receipt of a copy of
this order. In view of the quashing of the impugned
order, the respondents are directed to pay the petitioner
a sum of Rs.38,41,853.30 or the actual amount deducted
by them from and out of the petitioner's bills within a
period of four weeks from the date of receipt of a copy of
this order. However, it is made clear that once the
penalty amount is determined in accordance with this
order, the respondents are granted liberty to deduct the
determined penalty amount from and out of the bills
payable to the petitioner in the near future."
https://www.mhc.tn.gov.in/judis/
W.A.No.1043 of 2020
3. Considering the limited scope of the appeal which
borders on the direction to the appellants to pay a sum of
Rs.38,41,853.30, which was deducted by them, we asked both the
counsel to get instructions as to whether the respondent/writ
petitioner can be directed to give bank guarantee and on such
satisfaction of the same, the money can be released, subject to the
final adjudication on remand in the enquiry.
4. Today, when the matter is taken up for hearing, both
the counsel submitted that such yardstick can be adopted awaiting
the final adjudication as directed by the learned Single Judge.
5. In such view of the matter, the order of the learned
Single Judge stands modified to the effect that on the
respondent/writ petitioner, furnishing the bank guarantee for a sum
of Rs.38,41,853.30 within a period of two weeks from the date of
receipt of a copy of this judgment, the appellants shall pay the said
amount without prejudice to the decision to be made in the enquiry
as ordered by the learned Single Judge. The payment will have to
be made by the appellants subject to the compliance of the
respondent/writ petitioner within a further period of two weeks.
https://www.mhc.tn.gov.in/judis/
W.A.No.1043 of 2020
5. The writ appeal stands disposed of accordingly. It has
also been agreed by both sides, particularly the respondent/writ
petitioner that the bank guarantee would be kept alive till the
completion of the enquiry followed by the final decision. No costs.
Consequently, connected C.M.P.No.12902 of 2020 is closed.
(M.M.S., J.) (R.N.M., J.)
21.04.2021
Internet : Yes/No
ssm
https://www.mhc.tn.gov.in/judis/
W.A.No.1043 of 2020
M.M.SUNDRESH,J.
and
R.N.MANJULA,J.
(ssm)
W.A.No.1043 of 2020
21.04.2021
https://www.mhc.tn.gov.in/judis/
