The Court dismissed the writ appeal filed against an order which vacated an interim stay imposed on a property auction due to the petitioner's failure to comply with the terms of a consent order regarding payment amounts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09..04..2015
Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE
and
The Honourable Mr.Justice T.S.SIVAGNANAM
W.A.No.584 of 2015
P.Manishankar .. Petitioner versus
1.The Deputy Registrar of Co-operative Societies Virudhachalam Circle, Virudhachalam, Cuddalore District.
2.The President
M.Agaram Primary Agricultural Co-operative Credit Society M.Agaram Village and Post,
Virudhachalam Taluk, Cuddalore District. .. Respondents
Appeal filed under Clause 15 of the Letters Patent against the order dated 12.03.2015 passed in M.P.No.2 of 2015 in W.P.No.5865 of 2015, on the file of this Court.
WP.5865/2015:Praying to grant an order of Interim stay staying all further proceedings of the impugned order passed by the 1st respondent in form 9 dt.20.1.15 (in MP.2/15) pending WP.5865/15 filed under Article 226 of the Constitution of India to issue writ of certiorari of India to issue writ of certiorari calling for the entire records relating to impugned order passed by 1st respondent in form 9 dt.20.1.15 and quash the same.
For Petitioner ::: Mr.C.Prakasam For Respondents ::: Mr.L.P.Shanmughasundaram Special Government Pleader
(The Order of the Court was made by The Hon'ble The Chief Justice)
The petitioner failed to comply with the terms of the consent order passed on 04.03.2015 and consequently the interim injunction was vacated. The relevant portion of the order reads as under:
“4.The learned counsel for the petitioner submitted that the petitioner is willing to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) before 10.00 a.m., tomorrow, i.e., 05.03.2015, i.e., before the commencement of auction and that the petitioner would also pay another sum of Rs.8,00,000/- (Rupees Eight Lakhs only) on or before 11.03.2015 and shall also pay the balance amount of Rs.9,08,699/- (Rupees Nine lakhs eight thousand six hundred ninety nine only) on or before 08.04.2015.”
Sd/Assistant Registrar
True Copy
Sub Assistant Registrar
Copy to:
The Deputy Registrar of Co-operative Societies Virudhachalam Circle, Virudhachalam, Cuddalore District.
ku(co) krd 20/4
W.A.No.584 of 2015
2 provisions across 2 enactments
P. Manishankar
Deputy Registrar of Co-operative Societies Virudhachalam Circle
President, M. Agaram Primary Agricultural Co-operative Credit Society
Sanjay Kishan Kaul
T. S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
