Dismissed

C.v.Manicantan, v. State Bank of India

Madras HC21 Nov 2017WMP/32185/2017

Case brief

AI extract

What is this about?

In interconnected writ and miscellaneous petitions concerning State Bank of India employees, the Madras High Court dismissed the prayer for a stay. The Court held that granting an interim stay order to prevent further proceedings would effectively grant the main relief sought in the underlying writ petitions. Relying on Supreme Court precedent, the Court refused the stay and dismissed the miscella

What did the court decide?

Stay of further proceedings in DRAT petitions was declined; miscellaneous petitions dismissed.

C.v.Manicantan, Vs State Bank of India — Service and Employment | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Special Original Jurisdiction )

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Tuesday, the Twenty First day of November Two Thousand Seventeen

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PRESENT

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THE HON`BLE MR JUSTICE S.MANIKUMAR

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AND

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THE HON`BLE MR JUSTICE R.SURESH KUMAR

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WMP NOS.32185 TO 32189 OF 2017

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IN WP.NOS.29809 TO 29813 OF 2017

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C.V.MANICANTAN [ PETITIONER IN ALL THE PETITIONS ]

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1 STATE BANK OF INDIA, [1 TO4 RESPONDENTS IN WMP.32185/17 IN DB DIVISION, WP.29809/17 ] COIMBATORE MAIN BRANCH, STATE BANK OF INDIA ROAD, COIMBATORE 641 018.

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2 C.V.THIRUMALAIVENDAN

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3 GOMATHY

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4 S.DEVAKI

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1 STATE BANK OF INDIA [1 TO 6RESPONDENTS in WMP No.32186/17 DB DIVISION COIMBATORE MAIN BRANCH STATE IN WP.29810/17 ] BANK OF INDIA ROAD COIMBATORE 641 018

2 S.DEVAKI

3 C.SARAVANAMUTHU

4 V.BALAKRISHNAN

5 V.SAKUNTHALAMANI

6 S.ASHOK KUMAR

1 STATE BANK OF INDIA [1 TO5 RESPONDENTS in WMP No.32187/17 DB DIVISION COIMBATORE MAIN BRANCH STATE IN WP.29811/17 ] BANK OF INDIA ROAD COIMBATORE 641 018

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2 THIRUMANI ENGINEERING WORKS REP. BY ITS PARTNER GOMATHY VASUKI ILLAM ASBESTOS ROAD PODHANUR COIMBATORE 641 023

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3 GOMATHY 4 T.GEETHA 5 C.V.THIRUMALAIVENDAN

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1 STATE BANK OF INDIA [1 &2 RESPONDENTS in WMP No.32188/7

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DB DIVISION COIMBATORE MAIN BRANCH STATE IN WP.29812/17 ]

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BANK OF INDIA ROAD COIMBATORE 641 018

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2 C.V.THIRUMALAIVENDAN

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1 STATE BANK OF INDIA [ 1 TO3RESPONDENTS in WMP No.32189/17 DB DIVISION COIMBATORE MAIN BRANCH STATE IN WP.29813/17 ]

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BANK OF INDIA ROAD COIMBATORE 641 018

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2 S.DEVAKI

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3 MR.C.SARAVANAMUTHU

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to

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to grant stay of all further proceedings pursuant to the order in M.A.No.136 of 2012 on the file of the Debt Recovery Appellate Tribunal, Chennai dated 04.10.2017 (in WMP No.32185 of 2017) pending disposal of the above writ petition 29809/17.

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(2) to grant stay of all further proceedings pursuant to the order in M.A.No.162 of 2012 on the file of the Debt Recovery Appellate Tribunal, Chennai dated 04.10.2017 (in WMP No.32186 of 2017) pending disposal of the above writ petition 29810/17.

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(3) to grant stay of all further proceedings pursuant to the order in M.A.No.135 of 2012 on the file of the Debt Recovery Appellate Tribunal, Chennai dated 04.10.2017 (in WMP No.32187 of 2017) pending disposal of the above writ petition 29811/17.

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(4) to grant stay of all further proceedings pursuant to the order in M.A.No.134 of 2015 ordered on the file of Debt Recovery Appellate Tribunal, Chennai, dated 04.10.2017 (in WMP No.32188 of 2017) pending disposal of the above writ petition 29812/17 and;

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(5) to grant stay of all further proceedings pursuant to the order in M.A.No.133 of 2015 ordered on the file of Debt Recovery Appellate Tribunal, Chennai, dated 04.10.2017 ( in WMP No.32189 of 2017) pending disposal of the above writ petition 29813/17 respectively.

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Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.G.R.LAKSHMANAN Advocate for the petitioner in all the petitions the court made the following order:-

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(Order of the Court was made by S.Manikumar,J)

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Granting interim order in Writ Miscellaneous Petition Nos.32185 to 32189 of 2017, would have the effect of granting the main relief prayed for in W.P.Nos.29809 to 29813 of 2017, which the Hon'ble Supreme Court in State of U.P., v. Private Secretaries & personal Assistants' Brotherhood, High Court, Allahabad, reported in 2001 (9) SCC 644, held that the High Court ought not to have passed the interim orders, which had the effect of allowing the writ petition. Therefore, stay prayed for is declined and consequently, Miscellaneous Petitions are dismissed.

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-sd/-

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21/11/2017 / TRUE COPY /

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Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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STATE BANK OF INDIA, DB DIVISION, COIMBATORE MAIN BRANCH, STATE BANK OF INDIA ROAD, COIMBATORE 641 018

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C.C. to M/S.G.R.LAKSHMANAN Advocate on payment of necessary charges

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The Government Advocate, High Court, Madras - 104.

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Order

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WMP.Nos.32185 to 32189/2017

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WP.Nos.29809 to 29813/2017

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Date :21/11/2017

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From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 04.12.2017

C.v.Manicantan, v. State Bank of India

Case brief

What is this about?

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C.v.Manicantan, v. State Bank of India

Case brief

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