Disposed

S.Felix Edward v. The Asst. General Manager/

Madras HC22 Feb 2019WP/12080/2015

Case brief

AI extract

What is this about?

In a writ petition seeking a mandamus to direct the bank to lodge a criminal complaint for alleged misappropriation of funds, the Court noted the lapse of nearly four years. Consequently, the prayer was not granted then but respondents directed to submit a fresh representation within two weeks for a fresh order.

What did the court decide?

Petitioners directed to submit a fresh representation within two weeks; Bank to consider on merits within four weeks; Petition disposed.

S.Felix Edward Vs The Asst. General Manager/ — Banking and Recovery | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.02.2019

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CORAM :

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.12080 of 2015 and W.M.P.No.1 of 2015

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S.Felix Edward,
2. A.S. Mahendran,
3. J.Anandarajan,
4. C.Mugunthan,
5. R.Amalraj,
6. J.Kumaresan,
7. T.Francis Xavier,
rep. by their General Power of Attorney Agent
Mr.E.Elavarasu ... Petitioners
Vs.
1. The Assistant General Manager/Branch Manager,
Indian Bank, Harbour Branch,
Chennai – 600 001.
2. Mr.B.Ashok Kumar,
3. Mr.Roque D'Silva
4. J.Kathiravan Prasad ... Respondent

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1^st respondent to lodge a criminal complaint against the respondent 2 to 4 herein before the local police station viz., Harbour Police Station, Chennai – 1 as per the office order No.45/7/04 Government of India, Central Vigilance Commission dated 05.07.2004 for the offences of criminal breach of trust and misappropriation of funds totalling Rs.11,31,949.93/-, committed in the Savings Bank Account No,432331533 standing in the name of the Indian bank Foot Ball Team Common Fund maintained with the Indian Bank of Harbour Branch, Chennai – 600 001 and to credit the said misappropriated amount together with applicable bank interest from the date of misappropriation till the date of https://hcservices.ecourts.gov.in/hcservices/ reimbursement in the said Savings Bank Account.

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For Petitioners : Mr.S.Krishnasamy For R1 : Mr.K.V.Subramanian For R2 : Mr.G.Nanmaran

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O R D E R

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This writ petition has been filed to direct the 1^st respondent to lodge a criminal complaint against the respondent 2 to 4 herein before the local police station viz., Harbour Police Station, Chennai – 1 as per the office order No.45/7/04 Government of India, Central Vigilance Commission dated 05.07.2004 for the offences of criminal breach of trust and misappropriation of funds totaling Rs.11,31,949.93/-, committed in the Savings Bank Account No,432331533 standing in the name of the Indian bank Foot Ball Team Common Fund maintained with the Indian Bank of Harbour Branch, Chennai – 600 001 and to credit the said misappropriated amount together with applicable bank interest from the date of misappropriation till the date of reimbursement in the said Savings Bank Account.

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The petitioners pray for a direction to the 1^st respondent to lodge a complaint against the respondents 2 to 4 for criminal breach of trust and misappropriation of funds. Now, almost four years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now. The petitioners are directed to submit a fresh representation to the 1^st respondent within a period of two weeks from the date of receipt of a copy of this order.

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On reciept of the said representation, the 1^st respondent is directed to consider the same on merits in accordance with law and pass orders within a period of four weeks from the date of receipt of such representation.

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With the above direction, this Writ Petition is disposed of. No Cost. Consequently, connected Miscellaneous Petition is closed.

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Sd/Assistant Registrar(CS) //True Copy//

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Sub Assistant Registrar

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ssr/vsi-2 To

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The Assistant General Manager/Branch Manager, Indian Bank, Harbour Branch,Chennai – 600 001.

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2.The Public Prosecutor,High Court, Madras.

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+1cc to Mr.G.Nanmaran , Advocate SR.No. 17493

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+1cc to Mr.S.Krishnasamy , Advocate SR.No. 16944

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W.P.No.12080 of 2015 and W.M.P.No.1 of 2015

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https://hcservices.ecourts.gov.in/hcservices/ A.SK(29/03/2019)

S.Felix Edward v. The Asst. General Manager/

Case brief

What is this about?

What did the court decide?

S.Felix Edward v. The Asst. General Manager/

Case brief

What is this about?

What did the court decide?

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