Citation : 2023 Latest Caselaw 3231 Mad
Judgement Date : 27 March, 2023
1 C.M.A.No.2556 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.2556 of 2007 and
M.P. No.1 of 2007
1. Mudichur Permanent Fund Limited,
Formerly known as Chrompet Saswatha Nidhi Ltd.,
rep. by its Chairman, Thapathi S. S. Gokilan
(First Appellant replaced vide Court Order dated 27.02.2023
made in M.P. No.2 of 2013 in C.M.A. No.2556 of 2007 by AANJ)
2. T.S. Gokilan,
3. G. Guruswaminathan ...Appellants
Versus
1.State of Tamilnadu,
Rep. by Deputy Superintendent of Police,
Economic offences Wing-II,
Chennai.
2. N. Ramakrishnan,
3. Dr. Vamsic Mohan,
4. R. Seshadri,
5. M.K. Ravindran,
6. M.S.V. Subramaniam,
7. M.R. Kanakadurga ...Respondents
https://www.mhc.tn.gov.in/judis
1
2 C.M.A.No.2556 of 2007
Prayer: Civil Miscellaneous Appeal is filed set aside the order dated
25.06.2007 in C.M.P. No.18997 of 2004 passed by the Principal District
Judge, Chengalpattu.
For Appellants : Mr. M. Anandaraj
For Respondents : Mr. C. Jayaprakash for 1st respondent
Govt. Advocate (CS)
: No Appearance for R2 to R7.
*****
JUDGMENT
This appeal has been filed to set aside the order dated 25.06.2007 in
Crl.M.P. No.18997 of 2004 passed by the Principal District Judge,
Chengalpattu.
2. When the matter came up for hearing today, the learned counsel
for the appellant would submit that the entire due amount had been settled
to the depositors and they have given their no objection letters to our
company and as well as to the respondent to close the pending cases filed
against the appellant since entire amount has been settled out of Court.
Subsequent to the above, the Deputy Superintendent of Police Economic
Offences Wing, has filed a report dated 09.12.2021 stating that final action
against the appellant has been dropped due to settlement of dues to the
depositors and the complainants have withdrawn their complaint in written
https://www.mhc.tn.gov.in/judis
after receiving their amount. Hence, he seeks to set aside the attachment
order dated 25.06.2006 made in Crl. M.P. No.18997 of 2004.
3. The learned Government Advocate (CS) has not raised any
objections and also submitted a communication dated 25.03.2023 received
from the Deputy Superintendent of Police, Economic Offence Wing, before
this Court to that effect.
4. In view of the submissions of the learned counsel for the
appellants and the Government Advocate (CS) for the respondent, this
Court is inclined to set aside the order dated 25.06.2006 made in Crl. M.P.
No.18997 of 2004 passed by the learned Principal District and Sessions
Judge, Chengalpattu.
5. In the result, this Civil Miscellaneous Appeal is disposed of.
Consequently, connected miscellaneous petition is closed. There shall be no
order as to costs.
27.03.2023
Lbm Index:Yes/No Internet: Yes/no https://www.mhc.tn.gov.in/judis
A.A.NAKKIRAN, J.
Lbm
To
1.The Principal District Judge, Chengalpattu.
2.The Section Officer, V.R.Section, High Court, Madras.
C.M.A.No.2556 of 2007 and M.P. No.1 of 2007
27.03.2023
https://www.mhc.tn.gov.in/judis
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