Tamil Nadu State Express Transport ... vs Ramesh
2024 Latest Caselaw 7586 Mad

Madras High Court

Tamil Nadu State Express Transport ... vs Ramesh on 8 April, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                             C.R.P.(NPD)(MD).No.485 of 2019



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 08.04.2024

                                                              CORAM:

                                    THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                                C.R.P.(NPD)(MD)No.485 of 2019
                                                             and
                                                  C.M.P(MD) No.2427 of 2019

                     Tamil Nadu State Express Transport Corporation Limited,
                     Through its Managing Director,
                     Pallavan Salai,
                     Chennai – 600 002.                        ... Petitioner/Respondent/
                                                                   Respondent
                                                        -vs-
                     Ramesh                                   ... Respondent/ Petitioner
                                                                  Petitioner
                     PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C, against
                     the orders passed in E.P.No.103 of 2018 on the file of the Principal Sub
                     Court, Kumbakonam dated 31.10.2018 against M.C.O.P.No.102 of 2010, on
                     the file of the Additional Sub Court, Kumbakonam.


                                             For Petitioner     : Mr.P.Prabhakaran

                                             For Respondent     : Mr.R.Prakash

                                                              ORDER

The present Civil Revision Petition has been filed by the Transport

Corporation, challenging the order passed in Execution proceedings in

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

C.R.P.(NPD)(MD).No.485 of 2019

E.P.No.103 of 2018 on the file of Principal Sub Court, Kumbakonam dated

31.10.2018 against M.C.O.P.No.102 of 2010, on the file of the Additional Sub

Court, Kumbakonam.

2. According to the learned counsel appearing for the revision

petitioner/Transport Corporation, they have deposited the entire award

amount along with interest, after deducting the TDS amount. For the

deduction towards TDS amount, the Tribunal had directed to deposit a sum of

Rs.40,735/-. For depositing the said amount, a direction has been issued.

Challenging the said order, the present Civil Revision Petition has been filed.

3. A learned Single Judge of this Court in The Branch Manager

Vs.K.Theivanai reported in 2020(4) CTC 53 had directed all the Motor

Accident Claims Tribunals to keep the execution proceedings in abeyance

which deals with TDS deduction. The above said judgment has been followed

by another learned Single Judge of this Court in a judgement reported in 2023

(5) LW 653 .

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

C.R.P.(NPD)(MD).No.485 of 2019

4. In view of the above said judgments, this Court is inclined to set

aside the order impugned in the revision petition. This Civil Revision Petition

stands allowed and the matter is remitted back to the file of the Principal Sub

Court, Kumbakonam, and the Motor Accidents Claims Tribunal/ Additional

Sub Court, Kumbakonam, is directed to keep the execution proceedings in

abeyance awaiting the orders of the Larger Bench of the Hon'ble Supreme

Court. There shall be no order as to costs. Consequently connected

Miscellaneous Petition is closed.

                                                                                              08.04.2024
                     NCC      : Yes/No
                     Index    : Yes / No
                     Internet : Yes / No
                     ebsi




                     To
                     1. The Principal Sub Court,
                       Kumbakonam.

                     2.The Additional Sub Court,
                       Kumbakonam.

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

C.R.P.(NPD)(MD).No.485 of 2019

R.VIJAYAKUMAR,J.

ebsi

C.R.P.(NPD)(MD)No.485 of 2019

08.04.2024

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