Madras High Court
A-3 vs S.Karthikeyan ... 1St on 6 February, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.A.(MD)NO.765 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.765 of 2021 AND
C.M.P.(MD)No.3431 of 2021
A-3101, Madurai Milk Project Employees
Co-operative Thrift and Credit Society,
Rep. by the President,
Sivagangai Road,
Sathamangalam,
Madurai – 625 016. ... Appellant / 3rd Respondent
Vs.
1. S.Karthikeyan ... 1st Respondent / Petitioner
2. The Deputy Registrar of Co-operative Societies,
Madurai Circle,
40-41, Krishnarayar Tank Street,
Old RDCC Bank Building,
Madurai – 625 001.
3. The Joint Registrar of Co-operative Societies,
13A, Kanaga Apartments,
Lady Doak College Road,
Madurai – 625 002.
4. The Reserve Bank of India,
Rep. by the Regional Director,
Chennai. ... Respondents 2 to 4 /
Respondents 1, 2& 4
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1/5
2 W.A.(MD)NO.765 OF 2021
Prayer: Writ Appeal filed under Clause 15 of Letters Patent,
to set aside the order passed in W.P.(MD)No.1340 of 2020 dated
07.12.2020 on the file of this Court.
For Appellant : Mr.P.Suresh Kumar
For R-1 : Mr.Arjun,
for Mr.R.Ganeshan.
For R-2 & R-3 : Mr.K.Balasubramani,
Special Government Pleader.
***
JUDGMENT
(Order of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard the learned counsel on either side.
2. The first respondent herein had deposited a sum of
Rs.16,50,000/- in the appellant society. The said amount was not
refunded with interest even after maturity. Hence, the first
respondent filed W.P.(MD)No.1340 of 2020. The writ petition was
disposed of by the learned single Judge on 07.12.2020 in the
following terms:-
“7. This Court after considering the pleadings
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filed by both the parties, as well as after hearing the
submissions made by the respective counsels, passes
the following order in view of the acknowledgement
of liability made by the third respondent Society in its
counter affidavit filed before this Court.
(a) the third respondent shall pay Rs.5,80,000/-
(Rupees Five Lakhs and Eighty Thousand only) to the
petitioner on or before 23.12.2020; and
(b) the third respondent shall pay the balance
amount, together with accrued interest, on or before
28.02.2021.
8. The petitioner has claimed that he has made a
deposit of Rs.16,50,000/- (Rupees Sixteen Lakhs and
Fifty Thousand only) with the third respondent
Society, which is not disputed by the respondents as
seen from the counter affidavit filed by the third
respondent Society.”
3. We are of the view that an equitable order has been passed
by the learned single Judge. The learned single Judge directed the
appellant to return the amount deposited by the petitioner.
Interference is not warranted.
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4. The learned counsel for the appellant makes a claim that the
appellant has made refund to the tune of Rs.13,20,000/-. We do not
want to go into the issue. This aspect can be decided in the contempt
petition filed by the writ petitioner / his legal heirs. This writ appeal
stands dismissed. No costs. Consequently, connected miscellaneous
petition is closed.
(G.R.SWAMINATHAN, J.) & (M.JOTHIRAMAN, J.)
6th February 2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
PMU
To:
1. The Deputy Registrar of Co-operative Societies,
Madurai Circle,
40-41, Krishnarayar Tank Street,
Old RDCC Bank Building,
Madurai – 625 001.
2. The Joint Registrar of Co-operative Societies,
13A, Kanaga Apartments,
Lady Doak College Road,
Madurai – 625 002.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
PMU
06.02.2025
https://www.mhc.tn.gov.in/judis
