High Court ordered refund of Rs. 3 crores deposited by petitioner when respondents withdrew original civil suit, rendering prior injunction order void. Application allowed as prayed.
Order of application allowed; money deposited in SBI refunded to petitioners.
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R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
CMP.No.29236 of 2023 in OSA.No.180 of 2021
The prayer in the application reads as follows:-
To permit to withdraw 1) FDR dated 30.04.2021 in A/c.No.40159265083 for Rs.1,99,00,000/- and 2) FDR dated 30.04.2021 in A/c.No.40159266019 for Rs.1,01,00,000/- issued by SBI, Park Town Branch favouring the Registrar General, High Court, Madras.
2. It is seen from the records and the submissions of the learned counsel on either side that the Division Bench has suspended the order of injunction granted by the trial Court on 29.04.2021 on a condition the petitioner herein deposits a sum of Rs.3,00,00,000/- (Rupees Three Crores only) in the name of the Registrar General of this Court with the State Bank of India, Park Town Branch. The said condition was also complied with.
3. Now it turns out that the respondents herein who had filed the original Civil Suit in C.S.No.684 of 2019 seeking injunction had withdrawn
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R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
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the suit. Therefore, the very order of injunction goes. Hence, the money
that is lying in deposit should be refunded to the petitioners.
4. The learned counsel for the parties agree that the petitioners would
be entitled to take the money lying in deposit. Hence, this petition is ordered as prayed for.
(R.S.M., J.) (R.S.V., J.) 14.03.2024
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CMP.No.29236 of 2023 in OSA.No.180 of 2021
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Petitioner
Respondent
R. Subramanian
R. Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
