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Chennai Port Trust vs Indian Bank
2024 Latest Caselaw 8193 Mad

Citation : 2024 Latest Caselaw 8193 Mad
Judgement Date : 3 June, 2024

Madras High Court

Chennai Port Trust vs Indian Bank on 3 June, 2024

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                       W.P.No.11063 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           RESERVED ON : 18.04.2024

                                          PRONOUNCED ON : 03.06.2024

                                                    CORAM:

                          THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                              W.P.No.11063 of 2021

                     Chennai Port Trust,
                     Rep. by its Financial Advisor and
                            Chief Accounts Officer,
                     Chennai Port Trust,
                     Rajaji Salai,
                     Chennai – 600 001.                                ...Petitioner
                                                         -Vs-

                     1. Indian Bank
                        Rep. by its Managing Director & CEO,
                        Corporate Office,
                        254-260, Avvai Shanmugam Salai,
                        Royapettah, Chennai – 600 014.

                     2. The Executive Director,
                        Indian Bank,
                        Corporate Office,
                        254-260, Avvai Shanmugam Salai,
                        Royapettah, Chennai – 600 014.

                     3. The Zonal Manager,
                        Indian Bank,
                        Zonal Office – Chennai North,
                        5th Floor, Indian Bank Head Office Building,
                        66, Rajaji Salai,
                        Chennai – 600 001.

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                     Page 1 of 28
                                                                              W.P.No.11063 of 2021



                     4. Indian Bank, Koyambedu Branch,
                        Rep. by its Branch Manager,
                        Koyambedu, Chennai.

                     5. The General Manager/
                            Chief Operating Officer,
                        Indian Bank, Corporate Office,
                        254-260, Avvai Shanmugam Salai,
                        Royapettah, Chennai – 600 014.

                     6. Deputy Superintendent of Police,
                        Central Bureau of Investigation,
                        ACB Haddows Road,
                        Chennai – 600 006.

                     7. The Chief General Manager-in-Charge,
                        Department of Government and Bank Account,
                        Reserve Bank of India,
                        Central Office, 4th Floor,
                        Byculla Office Building,
                        Opp. Mumbai Central Station,
                        Byculla, Mumbai – 400 008.
                        (R6 & R7 impleaded vide order dated
                        06.07.2021 made in W.M.P.No.
                        13600/2021 in W.P.No.11063/2021)                      ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the respondents to pay
                     the sum of Rs.107.16 Crores (Rupees one hundred and seven crores and
                     sixteen lakhs only), the sum of Rs.100.57 Crores (Rupees one hundred
                     crores and fifty seven lakhs only) being the principal sum deposited by
                     the Chennai Port Trust as fixed deposits at the fourth respondent bank in
                     the month of March, April and May 2020 and the sum of Rs.6.59 Crores
                     (Rupees six crores and fifty nine lakhs only) being accrued and payable
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                     Page 2 of 28
                                                                                    W.P.No.11063 of 2021

                     interest on the above said principal deposit amount and interest as is
                     payable till date of payment to the Chennai Port Trust, within a period of
                     time that may be fixed by this Court.


                                       For Petitioner     : Mr.AR.L.Sundaresan,
                                                            Additional Solicitor General of India
                                                            For M/s.Harshini Jothiraman
                                       For Respondents
                                         For R1 to R5 : Mr.A.L.Somayaji, Senior Counsel
                                                         For Mr.T.Sundar Rajan
                                             For R6    : Mr.K.Srinivasan, Senior Counsel
                                                         Special Public Prosecutor for CBI cases
                                             For R7    : Mr.C.Mohan
                                                         For M/s.King & Partidge

                                                           ORDER

This writ petition has been filed for direction, directing the

respondents 1 to 5, to pay the sum of Rs.107.16 Crores with interest.

2. The petitioner was constituted under the Major Port Trusts

Act, 1963 (hereinafter referred to as “the Act”) and it is governed by a

Board of Trustees duly appointed by the Central Government. It

receives large sums of money for its commercial operations and it to be

spent in accordance with Section 88 of the Act. The excess funds lying

in the account cannot be put to use immediately be applied in the manner

specified under Section 88(2) of the Act. It stipulates that the Port Trust

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shall deposit the excess funds that cannot be immediately applied in the

manner set out in Section Section 88(1) of the Act with various bodies

set out in Section 88(2)(a) of the Act. Accordingly the money has to be

deposited in any nationalized bank.

3. In the month of March 2020, the petitioner intended to

deposit about Rs.100 crores as fixed deposit. The petitioner sought to

invest its funds in fixed deposit in non-callable category and obtained

quotes from the nationalized banks including the fourth respondent

branch. The terms and conditions on which the deposits were sought to

be made inter alia provided that the petitioner would not foreclose their

fixed deposit or demand the monies at any time before its maturity date.

The sealed quotes received from various banks and satisfying with the

quote offered by the fourth respondent and the petitioner decided to

invest its funds with the fourth respondent bank.

4. Accordingly, the petitioner transferred the funds to the

fourth respondent branch by electronic transfer, to make investment of

fixed deposits on non-callable basis by five transactions i.e., on

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07.03.2020 a sum of Rs.1.99 crores; on 16.03.2020 a sum of Rs.1.99

crores; on 21.03.2020 a sum of Rs. 22.69 crores; on 20.04.2020 a sum of

Rs.11.82 crores and on 04.05.2020 a sum of Rs.62.08 crores, totally to

the tune of Rs.10.57 crores. On receipt of the same, the fourth

respondent bank had issued fixed deposit receipts in the following

manner :-

Sl. Date of deposit Fixed Deposit Fixed Deposit No. amount (in Rs.) receipt number 1 07.03.2020 1,99,00,000 0984664 2 16.03.2020 1,99,00,000 0984669 3 21.03.2020 4,90,00,000 0984676 4 21.03.2020 4,11,00,000 0984677 5 21.03.2020 4,90,00,000 0984675 6 21.03.2020 4,90,00,000 0984678 7 21.03.2020 1,90,00,000 0984680 8 21.03.2020 34,00,000 0984679 9 21.03.2020 1,64,00,000 0984681 10 20.04.2020 4,90,00,000 0984702 11 20.04.2020 4,93,50,000 0984701 12 20.04.2020 1,99,00,000 0984703 13 04.05.2020 36,00,00,000 0984738 14 04.05.2020 26,08,00,000 0984739

The above funds were debited by the State Bank of India through RTGS.

These deposits could not have been encashed until the date of its

maturity, since the investment were made under non-callable category.

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5. While being so, on 14.05.2020, the petitioner received mail

from the fourth respondent stating that the fixed deposit receipts opened

on 05.05.2020 for a sum of Rs. 62.08 crores was closed on 08.05.2020.

Further stated that the interest had not been paid in view of the fact that

the deposit has been closed on 08.05.2020 viz., within a period of three

days from the date of deposit. Further on 15.05.2020, the petitioner

received a cheque book from the fourth respondent for a current account

No.6867825525, in the name of Chennai Port Trust General Insurance

Fund. The said account was never opened by the petitioner at any point

of time. Therefore, the petitioner immediately put on notice to the first

respondent about the closure of fixed deposit and also opening of the

account in the name of Chennai Port Trust General Insurance Fund to the

respondents 1 to 3 herein.

6. By the communication dated 20.05.2020, it was confirmed

by the second respondent about the opening of the account and closure

of the fixed deposit and further sated that an internal investigation is

under process at the respondents' end. Immediately, the petitioner lodged

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complaint before the Central Bureau of Investigation (hereinafter

referred to as “CBI”) on 21.05.2020 and produced all original files,

documents, certificates, registers, e-transactions and all other related

materials connected with the deposit made by the petitioner. All the

original deposit receipts were handed over before the investigation

agency for investigation purpose.

7. Further by the communication dated 23.06.2020, the second

respondent informed the petitioner that all the original fixed deposits

receipts were surrendered and after closure, entire money under the fixed

deposit were credited to the current account viz., Chennai Port Trust

General Insurance Fund. Further in respect of the complaint, the

investigation has been entrusted to law enforcement agency and it is

under progress. According to the petitioner, they never opened any

account and no person authorized to close the fixed deposit. However,

the petitioner was informed by the second respondent by its

communication dated 09.07.2020 that the said current account was

opened by impersonator representing as Deputy Director Finance,

Chennai Port Trust as authorized signatory. Therefore, the petitioner

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sought for refund of entire deposit amount by way of this present writ

petition.

8. The learned Additional Solicitor General of India appearing

for the petitioner submitted that the respondents 1 to 4 are responsible

for security of the money which was deposited by the petitioner in the

fixed deposit. Though the CBI had registered a FIR, it is nothing to do

with the fixed deposit money, which was deposited by the petitioner. The

entire deposits were made under the non-callable category and as such it

could not be pre-closed even at the request of the petitioner. The

respondents are liable to return the fixed deposit amount and it cannot be

said that they are estoped with repayment of fixed deposit amount, till

the criminal proceedings complete. Therefore, they are liable to pay the

entire deposit amount along with interest as per the terms of the contract

between the parties and the alleged fraud perpetrated in the forth

respondent is neither an excuse nor a defense to discharge of their

liability. Therefore, the liability to honour the dues as a debtor of the

petitioner is unconditional. The pendency of the investigation is no way

hampering the payment of amount due under the fixed deposits and a

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fraud said to have been committed at the bank level is no defense to the

liability. Admittedly, the fixed deposit which were made by the

petitioner had been closed by some misappropriation or impersonation

that too during the current year of the fixed deposit and before its

maturity. The respondents allowed the impersonator to take away the

money to different account. Therefore, the respondents are liable to pay

the fixed deposit amount with accrued interest as agreed by them.

9. The third respondent filed counter and also the learned

Senior Counsel appearing for the respondents submitted that when the

depositor produced original deposit receipt along with a request to pre-

closure, the bank cannot refuse and it bounded to pre-close the fixed

deposit. There is no specific contract between the petitioner and the

respondents 1 to 5 which stipulating that the deposits are non-callable.

Though the tender form calls for quotes in respect of callable and non

callable deposits in some cases, the nature of deposits have not been

specifically mentioned while making the investments on five occasions.

The petitioner was never issued with as non-callable deposit. It was only

fixed deposit which called as fixed term deposit.

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9.1. He further submitted that after issuance of fixed deposit

receipts, one Ganesh Natarajan approached the fourth respondent

representing on behalf of the petitioner as Deputy Director of Finance of

the petitioner along with one Manimozhi for opening current account in

the name of the petitioner and submitted application form in compliance

with KYC norms. He had produced his identity card issued by the

petitioner and his PAN card, Aadhar card and other documents such as

the petitioner's Board resolution dated 06.03.2020, thereby authorized

him to open a current account. Simultaneously, the said Manimozhi had

also opened a saving bank account in his own name in the fourth

respondent branch.

9.2. As per the E-mail of the petitioner, thereby calling for

quotation of interest for the fixed deposit, the fourth respondent had sent

a tender quote. After accepting the interest rate quoted by the fourth

respondent, the petitioner had made deposits. After opening the current

account, the said Ganesh Natarajan had visited to the fourth respondent

bank and handed over original fixed term deposit receipts dated

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10.03.2020 related to the first transaction and requested to pre-close the

fixed deposit and also made a request to credit the amount to the above

current account opened in the name of the petitioner. Once again, on

19.03.2020, the said Ganesh Natarajan handed over the fixed deposit

receipts in respect of the second transaction and made request of pre-

closure and the money to be credited in the current account. Thereafter

again on 31.03.2020, the said Ganesh Natarajan had made a request to

pre-closure of fixed deposit and credit the said amount in the current

account by producing original fixed deposit receipts relating to the third

transaction. Thereafter, on 23.04.2020, the said Ganesh Natarajan

requested to pre-close the fixed deposit in respect of fourth transaction

and also credit the said amount to the current account on production of

original fixed deposit receipts. Finally, on 08.05.2020, the said Ganesh

Natarajan had made request to pre-close the fixed deposit in respect of

the fifth and final transaction and requested to credit the said amount

into current account by producing the fixed deposit receipts.

9.3. Later, the respondents came to understand that the said

persons, who had opened the account in the name of the petitioner, are

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impersonators and connivance with the officials of the petitioner and

also with the help of the branch Manager, they have opened the current

account and entire amount had been credited into the current account and

also transferred to various accounts. Immediately, they lodged complaint

and the CBI had registered a case in RC.032/2020A/0006/CBI/ACB,

Chennai and filed final report and the same has been taken cognizance in

C.C.No.16 of 2022 on the file of the learned VIII Additional Judge,

Principal Special Judge for CBI Cases, City Civil Court, Chennai and it

is pending for trial.

9.4. Whatever the amounts which were lying in the current

account were refunded to the petitioner. Some of the money was also

recovered by the investigation agency and some of the properties of the

accused persons were attached towards recovery of the criminal

proceedings. In fact, the petitioner was informed that the respondents are

ready to provide indemnity bond for the remaining amount. However it

was not accepted by the petitioner.

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9.5. He further submitted that the fraud had been committed

with the help of the officials of the petitioner as well as the fourth

respondent bank. Now the investigation completed and the trial is

pending before the trial Court. Only after completion of the trial, the

liability of the respondents as well as the petitioner will come to light.

Till then the direction sought for in this writ petition cannot be issued for

refund of entire deposited money. Further the amounts which were

already seized by the investigation agency and it is proceeds of criminal

proceedings.

9.6. In support of his contention, he relied upon the judgement

reported in 2022 SCC OnLine SC 247 in the case of Municipal Council

Gondia Vs. Divi Works & Supplier, HUF and ors., in which, the

Hon'ble Supreme Court of India held that there are disputed question of

facts such as, whether the goods were manufactured as per the

specification or not. Nothing was on record that the goods were in fact

and actually manufactured by the petitioner as per the specifications and

the requirements of the council and as per the work order. In the absence

of any evidence and material on record and there being disputed

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questions of facts, it ought not to have been issue Mandamus to make the

payments as per the work order. Even otherwise, no writ of mandamus

could have been issued virtually granting the writ for specific

performance of the contract or work order under Article 226 of the

Constitution of India. They ought to have filed civil suit for appropriate

relief of losses or damages.

10. While pending the writ petition, the CBI and the Reserve

Bank of India have been impleaded as respondents 6 & 7 in this writ

petition. The learned Special Public Prosecutor for CBI appearing for the

sixth respondent submitted that on complaint, FIR has been registered

and after completion of investigation they filed final report and the same

has been taken cognizance in C.C.No.16 of 2022 on the file of the

learned VIII Additional Judge, Principal Special Judge for CBI Cases,

City Civil Court, Chennai and it is pending for trial. While investigation

search was made and attached the immovable properties. Further during

investigation a sum of Rs.55 crores which were frozen by the fourth

respondent was returned to the petitioner and remaining sum of Rs.45

crores, which had been swindled and transferred to various accounts by

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the accused persons, are yet to be recovered. A sum of Rs.13.68 laksh

was seized from the premises of the accused and produced before the

trial Court. It was deposited as fixed deposit. A sum of Rs.1 crore was

frozen in the beneficiaries bank accounts so far. Further, the accused

persons converted the defrauded amounts into immovable properties and

the said properties worth about Rs.9 crores were attached.

11. The learned counsel appearing for the seventh respondent

submitted that there is no category of non-callable deposit while making

fixed deposit. Whatever fixed deposit made, thereafter on the request of

the depositor, it can be pre-closed. The said Ganesh Narayanan is

arrayed as first accused and the said Manimozhi is arrayed as second

accused. The fourth respondent bank Manager is arrayed as third accused

and 26th accused is the officer of the petitioner. Therefore, the officers of

the fourth respondent as well as the petitioner conspired together and

committed huge fraud. Now the entire matter has been seized up by the

trial Court. That apart, already the fourth respondent made claim before

the insurance company for the loss due to fraudulent transactions and it

is pending.

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12. Heard the learned counsel appearing on either side and

perused the materials placed before this Court.

13. The points for consideration in this writ petition are that

(i) whether the respondents 1 to 5 are liable to refund the fixed

deposit made by the petitioner?

(ii) Whether the writ of mandamus can be issued when disputed

question of facts involved?

14. Admittedly, the petitioner had deposited a sum of Rs.100.57

crores as fixed deposit by five transactions. The petitioner was issued

with fixed deposit receipts. Though the petitioner called for quote from

various bank with regard to deposits under non-callable basis, there is no

specific category as non-callable deposit, even as per the guidelines

issued by the seventh respondent. Therefore, the deposits can be pre-

closed at any time at the request of the depositors. Accordingly, the

interest will be calculated and the accrued interest will be paid to the

depositors with principal amount. If it is loan transaction, while borrower

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requested for pre-close, as per the conditions, he is liable to pay some

interest.

15. Whereas in the case on hand, the first transaction was done

on 07.03.2020 to the tune of Rs.1.99 crore by the petitioner. On

10.03.2020, one Ganesh Natarajan, who is arrayed as first accused

represented himself as Deputy Director of Finance of the petitioner,

along with one Manimozhi, who is arrayed as second accused,

approached the fourth respondent and submitted application to open a

current account in the name of the petitioner viz., Chennai Port Trust

General Insurance Fund. Subsequently, the second accused also made a

request to open a saving bank account in his own name. Immediately, on

12.03.2020, the first accused made a request to the fourth respondent to

pre-close the fixed deposit, which was made by the petitioner on

07.03.2020, and made a request to transfer and deposit the said amount

in the current account which was opened by the first accused in the name

of Chennai Port Trust General Insurance Fund.

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16. In the second transaction, the petitioner made a sum of

Rs.1.99 crore on 16.03.2020 and the petitioner was issued with fixed

deposit receipts. Thereafter on 21.03.2020, the petitioner made another

deposit to the tune of Rs.22.69 crores and they were issued with original

fixed deposit receipts. While being so, the first accused made request on

19.03.2020 to the fourth respondent to pre-close the fixed deposit and

the proceeds to be credited in the current account. Thereafter, another

deposit was made by the petitioner on 20.04.2020 to the tune of Rs.11.82

crores and the petitioner was issued with fixed deposit receipts.

Immediately, on 23.04.2020, the first accused made a request to pre-

close the fixed deposit and requested to credit the said amount into the

current account. Final deposit was made on 04.05.2020 to the tune of

Rs.62.08 crores and the petitioner was issued with fixed deposit receipt.

Thereafter, the first accused made request on 08.05.2020, to pre-close

the fixed deposit and requested to transfer and credit the said amount to

the current account. No prudent man would deposit and immediately

made request to pre-close the fixed deposit that too once after another.

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17. As stated supra, immediately after the first transaction, there

was a request to pre-close the fixed deposit. Likewise, immediately after

the second transaction, there was request to pre-close. Therefore, every

two or three days after the deposits, there was a request to pre-close the

fixed deposit and also made request to credit the said amount into the

current account opened by the first accused. It is also seen from the

records, which were produced at the time of opening of the current

account by the first accused, he submitted application in his name as

Ganesh Natarajan, Deputy Director Finance of Chennai Port Trust. It

means that the current account was opened in the name of individual and

not in the name of the petitioner. That apart, the seal put up by the first

accused stand in the name of Port of Chennai instead of Chennai Port

Trust. Further the said account was permitted to operate by the first

accused alone.

18. Further the letters and resolution produced by the first

accused are stood in the name of Port of Chennai instead of Chennai Port

Trust. Seal and designation were also mentioned as Port of Chennai.

Therefore, it is fraud committed by the fourth respondent Manager with

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connivance of other accused persons. Though one of the official of the

petitioner is arrayed as accused viz., 26th accused, the allegations as

against 26th accused is that he informed the fourth respondent bank about

the quote received from other banks in respect of interest. No allegation

of opening of current account, request for pre-closing the fixed deposit

and request to credit the said amount into current account.

19. Even assuming that 26th accused is also in connivance with

other accused to commit fraud, it will not deny the respondents' liability

to refund the fixed deposit amount. Further opening of accounts involves

a series of verifications. The banker would always take enough

precautions to ensure that the accounts are not opened by persons with

dubious character. There are requirements to be followed by the banker

while dealing with opening of accounts of companies or body corporates

or corporation. Any person who deals with a corporation is required to

study the documents relating to their incorporation and their internal

affairs to ensure that the opening of account does not in any way run

contrary to the fundamental documents governing the corporation.

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20. The first accused had produced the documents in the name

of Port of Chennai that too filled application to open current account in

his personal name. Immediately after depositing huge amount as fixed

deposit, no person would ask for pre-close the fixed deposit and made

request to credit the said amount into current account that too opened in

his personal capacity. Likewise no prudent person would make another

fixed deposit, when the request was made to pre-close the earlier fixed

deposit. Therefore, it is clear fraud and the petitioner is no way liable for

forgo their fixed deposit amount and the respondents 1 to 4 cannot deny

their liability to refund the fixed deposit amount.

21. The fourth respondent bank participated in the open tender

called for by the petitioner for fixed deposit in the bank and succeed in

the bid. Thereafter, the first deposit was made and on the same day the

first accused requested for opening current account. Thereafter, the first

accused requested to pre-close the fixed deposit and made request to

credit the said amount in the his current account. He was also issued with

cheque book for further transaction and he was permitted to operate the

account.

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22. In pursuant to the complaint lodged by the petitioner and

also by the fourth respondent, the sixth respondent registered a FIR in

Crime No.RC.032/2020/A/0006/CBI/ACB, Chennai, for the offences

punishable under Sections 120B, 419, 420, 409, 467, 468, 471 and under

Section 13(2) r/w 13(1)(a) of the Prevention of Corruption Act on

31.07.2020. Now the charge sheet has been filed and the same has been

taken in C.C.No.16 of 2022 on the file of the learned VIII Additional

Judge, Principal Special Judge for CBI Cases, City Civil Court, Chennai

and it is pending for trial.

23. Further, the criminal case is nothing to do with the refund of

fixed deposit amount, though the amount was transferred to the accused

accounts. The criminal case has been initiated only to punish the

accused. If there is any recovery, it can be realized only by the fourth

respondent. Admittedly, the petitioner made deposit and the fourth

respondent is liable to refund the said deposit amount. Whether any

fraud committed by the fourth respondent branch Manager or other staff,

the liability cannot be denied in pursuant to the criminal case. In fact, the

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Manager of the fourth respondent was dismissed from his service after

disciplinary proceedings. So far, the respondents 1 to 5 did not take any

steps to recover the said misappropriated amount by the Manager viz.,

the third accused. It shows that the respondents 1 to 5 simply ignored the

petitioner with regard to refund of fixed deposit amount. The

respondents 1 to 5 cannot say their denial on the ground that already CBI

had taken into the issue and the trial Court has taken cognizance. As

stated supra, the criminal case is nothing to do with the refund of fixed

deposit amount. If at all any recovery from the accused, the respondents

1 to 5 can realize the same after refunding the fixed deposit amount to

the petitioner. However, the respondents 1 to 5 are not liable to pay any

interest as agreed by them for the amount deposited by the petitioner,

since immediately after the deposit, the same was closed and the

amounts were credited into the current account opened by the first

accused.

24. Further the judgment relied upon by the learned Senior

Counsel appearing for the respondents 1 to 5 is not at all applicable to

the present case, since it was held in the different set of facts. There was

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a contract and accordingly the order was not done. Therefore, the amount

was denied since disputed question of facts were involved. In the case on

hand, admittedly the petitioner deposited the amount as fixed deposit

with the fourth respondent and the petitioner was issued with fixed

deposit receipts. Therefore, the respondents 1 to 5 are liable to refund the

amount which were collected from the petitioner as fixed deposit. Hence,

the direction can be issued as against the respondents 1 to 5 for refund of

fixed deposit amount.

25. During the investigation, the current account opened in the

name of Chennai Port Trust General Insurance Fund has been frozen

with the sum of Rs.55 crores. As directed by this Court, the said amount

has been returned to the petitioner. Insofar the remaining amount, it was

transferred to various accounts. Further from the said amount, the

accused persons had purchased immovable properties. During the search,

the investigation agency seized a sum of Rs.13.68 lakhs from the

accused premises and the same was deposited before the trial Court. In

the frozen accounts belong to various accused persons, a sum of Rs.1

crore is lying. From the proceeds of crime, the accused purchased

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immovable properties worth about Rs.9 crores and the same were also

attached by the investigation agency.

26. In view of the above discussions, this Court is inclined to

issue the following directions :-

(i) The respondents 1 to 5 are liable to refund the remaining

deposited amount after deducting the sum of Rs.55.19 crores and

accordingly, the respondents 1 to 5 are directed to pay the said remaining

amount to the petitioner within a period of twelve weeks from the date of

receipt of a copy of this Order.

(ii) The respondents 1 to 5 are entitled to realize the fixed deposit

amount from the proceeds of crime in C.C.No.16 of 2022 on the file of

the learned VIII Additional Judge, Principal Special Judge for CBI

Cases, City Civil Court, Chennai, after refunding the remaining fixed

deposit amount to the petitioner.

(iii) The petitioner is not entitled for any interest for the entire

fixed deposit amount deposited by the petitioner with the fourth

respondent.

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(iv) The respondents 1 to 5 are at liberty to auction the immovable

properties, which were attached by the sixth respondent, with the

permission of the trial Court and also withdraw the proceeds of crime

from the trial Court.

27. With the above directions, the Writ Petition stands allowed.

There shall be no order as to costs.

03.06.2024 (2/2) Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No

rts

To

1. The Managing Director & CEO, Indian Bank, Corporate Office, 254-260, Avvai Shanmugam Salai, Royapettah, Chennai – 600 014.

2. The Executive Director, Indian Bank, Corporate Office, 254-260, Avvai Shanmugam Salai, Royapettah, Chennai – 600 014.

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

3. The Zonal Manager, Indian Bank, Zonal Office – Chennai North, 5th Floor, Indian Bank Head Office Building, 66, Rajaji Salai, Chennai – 600 001.

4. The Branch Manager, Indian Bank, Koyambedu Branch, Koyambedu, Chennai.

5. The General Manager/ Chief Operating Officer, Indian Bank, Corporate Office, 254-260, Avvai Shanmugam Salai, Royapettah, Chennai – 600 014.

6. Deputy Superintendent of Police, Central Bureau of Investigation, ACB Haddows Road, Chennai – 600 006.

7. The Chief General Manager-in-Charge, Department of Government and Bank Account, Reserve Bank of India, Central Office, 4th Floor, Byculla Office Building, Opp. Mumbai Central Station, Byculla, Mumbai – 400 008.

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

G.K.ILANTHIRAIYAN. J,

rts

ORDER IN

03.06.2024 (2/2)

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

 
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