Contempt petition for non-payment of cooperative society terminal benefits ordered in an earlier writ. The court allowed instalment payments by the second and first contemnors over two and three years respectively, directed payment by the third if unpaid, and closed the petition with liberty to reopen on default.
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CONT P(MD)No.2091 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2024
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
CONT P(MD)No.2091 of 2023
K.R.Shanmuganathan ... Petitioners
vs.
1.K.Sariyakutti,
President, T.1233, Athani Primary Agricultural Co-operative Credit Society Limited, Athani Post, Aranthangi Taluk, Pudukkottai District.
2.R.Rajamoorthi,
The Administrator, T.A.58, Kaattupiramanavayal Primary Agircultural Cooperative Society, Kaattupiramanavayal, Payamariyanendhal Post, Manmelkudi Taluk, Pudukkottai District.
3.S.Sangeetha,
Managing Director, Aranthangi Town Cooperative Bank Limited, Aranthangi Town and Taluk, Pudukkottai District. ... Contemnors
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CONT P(MD)No.2091 of 2023
PRAYER: Petition filed under under Section 11 of the Contempt of Court Act, 1971, to punish the contemnors under the provisions of Contempt of Courts Act 1971 for willful and deliberate disobedience of the order passed by this Court in W.P.(MD)No.5213 of 2017 dated 22.09.2022.
For Petitioner : Mr.R.Paranjothi for M/s.KBS Law Office For R3 : Mr.C.Baskaran Government Advocate For R1 and R2 : Mr.C.Karthikeyan *****
O R D E R
The contempt petition is filed alleging disobedience of the order
passed by this Court.
that the petitioner is entitled Rs.6,39,466/-. However, the contemnors had paid Rs. 2,50,000/- on 14.03.2023, 01.06.2023 and 17.11.2023 in instalments. Now, the balance amount that is payable is Rs.3,89,416/-. Further it is submitted that the Cooperative Society is disbursing the terminal benefits to another person in
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CONT P(MD)No.2091 of 2023
instalments because there are financial difficulties to the Cooperative Society. Hence the contemnors prayed to permit to disburse the balance amount to the present petitioner in instalments. Accepting the submission, this Court directs the contemnors to pay Rs.15,000/- per month and settle the balance (Rs.3,89,416/-) within a period of two years from the date of receipt of a copy of this order. If there is any default, both the parties are at liberty to approach this Court.
3,89,416/-. However, the Learned Counsel appearing for the third contemnor, submitted that the 3rd contemnor has already paid and it has been stated in the
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CONT P(MD)No.2091 of 2023
affidavit of the petitioner itself. However, the petitioner is declining the same. Therefore, the 3rd contemnor is directed to pay the same, if the same is not paid.
with liberty to the petitioner to reopen, if there is any default. No costs.
Index : Yes / No 07.06.2024 Internet : Yes
Tmg
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CONT P(MD)No.2091 of 2023
To
Managing Director, Aranthangi Town Cooperative Bank Limited, Aranthangi Town and Taluk, Pudukkottai District.
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CONT P(MD)No.2091 of 2023
S.SRIMATHY, J
Tmg
Order made in CONT P(MD)No.2091 of 2023
07.06.2024
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1 issue framed by the court
Whether the contemnors should be permitted to pay terminal benefit dues in instalments despite disobedience of an earlier writ order.
1 provisions across 1 enactments
K.R.Shanmuganathan
K.Sariyakutti
R.Rajamoorthi
S.Sangeetha
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
