Madras High Court
The General Manager vs C.Thiagarajan on 8 June, 2021
W.A.(MD)No.505 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.505 of 2020
and
C.M.P(MD) No.3582 of 2020
1.The General Manager,
Virudhunagar District Central
Co-operative Bank Ltd.,
Virudhunagar.
2.The Branch Manager,
Virudhunagar District Central Co-operative Bank Ltd.,
Puliampatty Branch, Aruppukkottai Taluk,
Virudhunagar District. ... Appellants
Vs.
C.Thiagarajan ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
allow the appeal, set aside the order passed in W.P(MD) No.6104 of 2015 dated
25.03.2019.
https://www.mhc.tn.gov.in/judis/
1/4
W.A.(MD)No.505 of 2020
For Appellants : Mr.S.Seenivasagam
For Respondent : Mr.I.Suthakaran
JUDGEMENT
************
[Judgment of the Court was made by T.S.SIVAGNANAM, J.]
This appeal filed by the General Manager, Virudhunagar District
Central Co-operative Bank Ltd., Virudhunagar District, is directed against the
order dated 25.03.2019 in W.P(MD) No. 6104 of 2015 filed by the respondent.
2.The respondent prayed for a direction to operate his savings bank
account. The appellants Bank resisted the prayer by contending that the writ
petition is not maintainable against the Co-operative Society, that the
respondent has suffered an order of surcharge and an appeal is pending before
the District Court. Apart from that, criminal proceedings have been initiated.
The learned Writ Court, after considering the facts, held that the amount of
Provident Fund, which was paid to the respondent by the appellants Bank by
way of cheque, should be permitted to be withdrawn and the said amount
should not be attached. As on date, the respondent is stated to be bedridden.
Therefore, this Court is inclined to slightly modify the order and direction
issued in the writ petition.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.505 of 2020
3. Accordingly, the Writ appeal is partly allowed and the order and
direction issued by the learned Single Judge is modified and the
respondent /writ petitioner shall be permitted to operate the savings bank
account only once to enable him to withdraw the provident fund amount of
Rs.2,95,351/- and upon withdrawal, the Bank account shall be once again
attached and no further operation shall be permitted. It is open to the appellant
Bank to proceed against the respondent after the conclusion of the appeal
pending before the District Court. No costs. Consequently, connected
miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
08.06.2021
Index : Yes / No
Internet : Yes / No
msa/cp/ogy
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.505 of 2020
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
msa/cp/ogy
JUDGEMENT MADE IN
W.A.(MD)No.505 of 2020
and
C.M.P(MD) No.3582 of 2020
08.06.2021
https://www.mhc.tn.gov.in/judis/
