Pondicherry Non-Banking ... vs The Union Of India
2021 Latest Caselaw 12147 Mad

                                                                     W.A.Nos.1414 to 1416 of 2019


                                   THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 22.06.2021

                                                    CORAM :

                                   THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
                                                    AND
                                    THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                         W.A.Nos.1414 to 1416 of 2021
                                      & CMP Nos.8743, 8748 & 8754 of 2021

                     Pondicherry Non-Banking Investors,
                     Protection Association for PNL Nidhi Limited,
                     Rep., by its President Govindasamy,
                     No.159, Ambedkar Salai,
                     Pondicherry-1.                                          ..Appellant in
                                                                              all W.As.
                                                        Vs

                     1.The Union of India,
                      Represented by its Secretary(Home),
                      Government of Pondicherry,
                      Pondicherry.

                     2.The Deputy Collector(North),
                      O/o The Collectorate,
                      (Competent Authority under PPIDFE Act)
                      Pondicherry.

                     3.PNL Nidhi Ltd.,
                      Mission Street,
                      Pondicherry.

                     4.V.Kannan,
                      Promoter-PNL Nidhi Ltd.,


                     Page 1 of 9




https://www.mhc.tn.gov.in/judis/
                                                               W.A.Nos.1414 to 1416 of 2019


                     5.V.Baskaran
                       Promoter-PNL Nidhi Ltd.,
                       Both respondents 4 and 5 are

residing at No.1/39, Agraharam Street, Kumbakonam.

6.The Superintendent of Police (CID), O/o of the CBCID of Police, Pondicherry.

7.The Government of Tamil Nadu, Represented by its Secretary, Home Department, Fort St. George, Chennai-9.

8.State Represented by The Superintendent of Police, Economic Offences Wing II, Cuddalore.

9.The District Revenue Officer, (Competent Authority under TNPID Act), Cuddalore.

10.PNL Ltd., Cuddalore Branch Depositors Welfare Association, Govindasamy Nagar, Cuddalore.

Rep., by its President S.Ramachandran

11.Regina Fatima Marie Saint Jacques, W/o Merian Jean – Pierce, No.34, Ramanar Street, Mudaliarpet, Pondicherry-4. ..Respondents in W.A.No.1414/2021

1.The Union Territory of Puducherry,

https://www.mhc.tn.gov.in/judis/ W.A.Nos.1414 to 1416 of 2019

Represented by Special Secretary(Revenue), Department of Revenue & Disaster Management, Puducherry.

2.The Superintendent of Police (CID), Puducherry.

3.The Competent Authority, Appointed under Puducherry Protection of Interests of Depositors in Financial Establishments Act, 2004, Puducherry-605 001.

4.PNL Nidhi Limited, 189, Mission Street, Puducherry-605 001.

5.S.Natarajan, No.7, Crescent Avenue, Kesavaperumalpuram, Chennai-600 028. .. Respondents in W.A.

Nos.1415 & 1415 of 2021

Prayer: Appeals filed under Clause 15 of the Letters Patent against the common order dated 18.03.2021 passed in W.P.Nos.4722 of 2016, 18681 and 18683 of 2020.

For Appellant : Mr.M.Devaraj in all WAs.

For Respondents : Mrs.N.Mala, in WA.1414/2021 Government Pleader(Pondy) for R1 & R2 Mr.S.Ravi for R3 to R5 Mr.Bharadhachakravarthy for R6 to R9 Mr.AR.L.Sundaresan, S.C., for R10 & R11

https://www.mhc.tn.gov.in/judis/ W.A.Nos.1414 to 1416 of 2019

For Respondents : Mrs.N.Mala, in WA.1415/2021 Government Pleader(Pondy) for R1 Mr.Bharadhachakravarthy for R2 & R3 Mr.S.Ravi for R4 Mr.AR.L.Sundaresan, S.C., for R5 & R10

For Respondents : Mrs.N.Mala, in WA.1416/2021 Government Pleader(Pondy) for R1 Mr.Bharadhachakravarthy for R2 & R3 Mr.S.Ravi for R4 Mr.AR.L.Sundaresan, S.C., for R5 & R10

COMMON JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

These appeals have been preferred by the appellant, who

was the writ petitioner in W.P.Nos.4722 of 2016. The primary

challenge to the order passed by the learned single Judge is that the

recording made in the order under challenge with respect to the

consent is factually incorrect. On a similar appeal filed laying a

challenge to the very same order impugned before us in C.M.P.No.

7889 of 2021 in W.A.SR.No.37608 of 2021 dated 26.04.2021, we

have held that if a wrong recording has been made by the learned

single Judge before the Court of Record, the remedy open is to

approach the very same Court to rectify the mistake committed. On

https://www.mhc.tn.gov.in/judis/ W.A.Nos.1414 to 1416 of 2019

this settled principle of law, we have passed the aforesaid order. For

the better appreciation, the operative portion of the order is recorded

hereunder.

“Though this petition has been filed seeking leave,

after going through the order passed by the

learned single Judge, this Court is of the view that

the remedy open to the petitioners is to approach

the learned single Judge, contending that the

order has been passed wrongly recording the

submission made as if it is a consent order. We

are also of the view that this being the Court of

record, it is the proper remedy instead of filing an

appeal.

2.In such view of the matter, without

expressing anything on the merits of the case, this

miscellaneous petition stands closed, giving liberty

to the petitioners to approach the learned single

Judge. Consequently, W.A.SR.No.37608 of 2021

stands closed.”

https://www.mhc.tn.gov.in/judis/ W.A.Nos.1414 to 1416 of 2019

2. Pursuant to the said order, the other aggrieved party has

already filed a review. Now the present appeals have been filed by the

appellant challenging the very same set of orders passed by the

learned single Judge.

3.It is not in dispute that the recording of the learned single

Judge includes the appellant also. According to the appellant, it has

been wrongly recorded, as if, the appellant has given consent. If that

is the case, the order passed earlier will have to be applied to the case

of the appellant also. As we have granted four weeks time to file the

review without the need for an application for condonation of delay,

keeping in mind Section 14 of the Limitation Act, 1963, we are not

inclined to entertain these appeals. We permit the appellant to file

review petitions, if so advised, within a period of four weeks from the

date of receipt of a copy of this judgment.

4.Registry is directed to give a copy of the order in these

appeals on or before Friday i.e., on 25.06.2021. We make it clear that

the review petition aforesaid will have to be considered by the Registry

https://www.mhc.tn.gov.in/judis/ W.A.Nos.1414 to 1416 of 2019

within the time mentioned without insisting upon the application for

condonation of delay.

5.These writ appeals stand disposed of accordingly. No costs.

Consequently, connected miscellaneous petitions are closed.

(M.M.S., J.) (R.N.M., J.) 22.06.2021

Note: Issue Order Copy on or before 25.06.2021

Internet : Yes/No raa/mmi

To

1.The Union of India, Represented by its Secretary(Home), Government of Pondicherry, Pondicherry.

2.The Union Territory of Puducherry, Represented by Special Secretary(Revenue), Department of Revenue & Disaster Management, Puducherry.

3.The Deputy Collector(North), O/o The Collectorate, (Competent Authority under PPIDFE Act) Pondicherry.

https://www.mhc.tn.gov.in/judis/ W.A.Nos.1414 to 1416 of 2019

4.The Superintendent of Police (CID), O/o of the CBCID of Police, Pondicherry.

5.The Government of Tamil Nadu, Represented by its Secretary, Home Department, Fort St. George, Chennai-9.

6.State Represented by The Superintendent of Police, Economic Offences Wing II, Cuddalore.

7.The District Revenue Officer, (Competent Authority under TNPID Act), Cuddalore.

https://www.mhc.tn.gov.in/judis/ W.A.Nos.1414 to 1416 of 2019

M.M.SUNDRESH,J.

and R.N.MANJULA,J.

(mmi)

W.A.Nos.1414 to 1416 of 2021

22.06.2021

https://www.mhc.tn.gov.in/judis/