Sri Lakshmi Homes Private Limited Vs M/S.Crystal Creations (India) Private Limited

M/s.Crystal Creations (India) Private Limited Rep. by its Additional Director, T. Yeswanth, Old No.125, New No.321, T.T.K. Road, Alwarpet, Chennai - 014.

¶12

2.Pachaiyammal Educational Trust Rep by its Managing Trustee, S.Vengateswaran, S/o.Sekhar, Door No.9-B, Winding Driver Chinnasamy Street, Dharmapuri Town, Dharmapuri Tk., Dharmapuri Dist.

¶13

3.Rajeshwari Sekhar

4.D.C.Elangovan

5.S.Saravanan

Respondent(s)

https://www.mhc.tn.gov.in/judis

¶18

CMP No. 32556 of 2025

¶19

PRAYER

¶20

To return the sum of Rs.5,00,00,000/- (Rupees Five Crore Only) paid to the credit of the above OSA, by submitting the Demand Draft in favour of Registrar General, High Court Madras bearing No.005917 dated 25.08.2025 to the petitioner.

¶21

For Appellant(s): Mr.K. Balu For Respondent(s): Mr.N.Umapathi, For Rr2 and 3 Mr.V.Logesh, For R4 Mr.N.C.Ashok Kumar, For R5.

¶22

ORDER

¶23

(Order of the Court was made by S.M.Subramaniam J.)

¶24

During the pendency of Original Side Appeal, this Court passed an order on 14.08.2025, directing the petitioner, who was an agreement holder to deposit

¶25

a sum of Rs.5,00,00,000/- (Rupees Five Crore Only) to prove his bonafide.

¶26

This Court has disposed of the main Original Side Appeal on 17.12.2025. Original Side Appeal was allowed and public auction was set aside. Matter was remanded back to the Trial Court for conducting a fresh public auction by following the procedure.

¶27

Under these circumstances, present petition is filed seeking permission to withdraw the deposited amount of Rs.5,00,00,000/- (Rupees Five Crore Only) in the credit of the Original Side Appeal during the pendency of the Original Side Appeal. Though respective learned counsel appearing on behalf of the respondents would object by stating that petitioner may participate in the fresh public auction to be conducted by the Trial Court, it is the discretion of the

¶28

https://www.mhc.tn.gov.in/judis

¶29

CMP No. 32556 of 2025

¶30

petitioner either to participate in the auction or not to participate. However, the amount deposited in the credit of the OSA.No.259 of 2025 is to be returned back, since it was deposited to prove the bonafide of the petitioner.

¶31

Registry, High Court of Madras is directed to permit the petitioner to withdraw the deposited amount of Rs.5,00,00,000/- (Rupees Five Crore Only) along with the accrued interest lying in the credit of the OSA.No.259 of 2025, within a period of two weeks from the date of receipt of a copy of this order by following the procedure as contemplated.

¶32

With the above direction, the Civil Miscellaneous Petition is allowed.

¶33

(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.)

¶34

19-12-2025

¶35

gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

¶36

Note : Issue order copy by today.

¶37

https://www.mhc.tn.gov.in/judis

¶38

CMP No. 32556 of 2025

¶39

To

¶40

1.M/s.Crystal Creations (india) Private Limited Rep. by its Additional Director, T. Yeswanth, Old No.125, New No.321, T.T.K. Road, Alwarpet, Chennai - 014.

¶41

2.Pachaiyammal Educational Trust Rep by its Manaing Trustee, S.Vengateswaran, S/o.Sekhar, Door No.9-B, Winding Driver Chinnasamy Street, Dharmapuri Town, Dharmapuri Tk., Dharmapuri Dist.

¶42

https://www.mhc.tn.gov.in/judis

¶43

CMP No. 32556 of 2025

¶44

S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J.

¶45

gd

¶46

CMP No. 32556 of 2025 in OSA.No.259 of 2024

¶47

19-12-2025