Madras High Court
T.Ramasethu vs The Competent Authority/ on 21 September, 2021
C.M.A(MD)No.736 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :21.09.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A(MD).No.736 of 2021
and
C.M.P(MD) No.6723 of 2021
T.Ramasethu ...Appellant
-vs-
1. The Competent Authority/
Special District Revenue Officer,
Madurai
2. R.M.Wealth Creation India PVT Ltd.,
No.176/6A2, Eddur Village,
Sathur Taluk, Virudhunagar,
Represented through its
Managing Director,
Raja S/o. Subbaiah,
No.4128, State Bank Colony,
N.T.Complex, Mundaga Nadar St.,
Sivakasi, Virudhunagar District.
K.Maruthupandian, S/o. Krishnasamy
15/31, Asari Street,
Satchiyapuram,
Sivakasi,
Virudhunagar District.
1/6
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C.M.A(MD)No.736 of 2021
3. S.Ramesh Kumar
4. S.Seenivasan
5. T.Poothiraj .... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 11 of the Tamil
Nadu Protection of Interest of Interest of Depositors (in Financial
Establishments) Act, 1997 & Order 43, Rule 1(d) of Civil Procedure Code,
1908, to set aside the impugned judgment and Decree passed in O.S.No.6 of
2015 dated 23.12.2020 on the file of the Special Court under TNPID Act
Cases, Madurai.
For Appellant : Mr.V.Karthikeyan
For R1 : Mr.A.Baskaran
Government Advocate
For R2 to R4 : No appearance
ORDER
This Civil Miscellaneous Appeal has been filed seeking a direction to
to set aside the impugned judgment and Decree passed in O.S.No.6 of 2015
dated 23.12.2020 on the file of the Special Court under TNPID Act Cases,
Madurai.
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C.M.A(MD)No.736 of 2021
2. Heard Mr.V.Karthikeyan, learned counsel appearing for the
appellant and Mr.A.Baskaran, learned Government Advocate appearing for
the first respondent.
3. This Civil Miscellaneous Appeal has been filed seeking a direction
to set aside the impugned judgment and Decree passed in O.S.No.6 of 2015
by the Special Court under TNPID Act Cases, Madurai, since the order was
passed on 23.12.2020, during the Pandemic Period. Therefore, the order of
the Court below may be set aside and the matter may be remanded back to
TNPID Court.
4. The learned Government Advocate appearing for the first
respondent opposed the matter remanding back to the court below.
5. On perusal of the records it is seen that the case in C.C.No.8 of
2015 is pending before the TNPID Court, Madurai. The respondents had not
filed any counter in O.S.No.6 of 2015 and the order was passed by the
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C.M.A(MD)No.736 of 2021
TNPID Court, Madurai on 23.12.2020. It is true that the order was passed
on 23.12.2020, during the Pandemic Period, against the Circular issued by
this Court. Therefore, the order of the Court below is liable to be set aside
and the matter may be remanded back to TNPID Court, Madurai.
6. Considering the facts and circumstances of the case, this Civil
Miscellaneous Appeal is allowed and the impugned Judgment and Decree
passed in O.S.No.6 of 2015 by the Special Court under TNPID Act Cases,
Madurai, is set aside and the matter is remanded back to the Special Court
under TNPID Act Cases, Madurai. The TNPID Court is directed to take up
the case in C.C.No.8 of 2015 along with the Suit in O.S.No.6 of 2015 and
dispose of the same, as expeditiously as possible. No costs. Consequently
the connected Civil Miscellaneous Petition is closed.
21.09.2021
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)No.736 of 2021
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.
To
1. The Special Court under TNPID Act Cases,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)No.736 of 2021
S.ANANTHI, J.
ebsi
C.M.A(MD).No.736 of 2021
and
C.M.P(MD) No.6723 of 2021
21.09.2021
https://www.mhc.tn.gov.in/judis/
