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2007 DIGILAW 3446 (MAD)

A. Rajendran v. M. Rajagopalan

2007-11-01

P.D.DINAKARAN, R.REGUPATHI

body2007
Judgment :- P.D. Dinakaran, J. By Judgment dated 07.04.2004, in W.A. No.2844 of 2003, a Division Bench of this Court passed the following direction:- "This writ appeal is against the order of the learned single Judge, by which the interim stay already granted, was made absolute. Surcharge proceedings were initiated by the Joint Registrar against the appellant in this appeal and on a revision filed, the retirement benefits of the appellant were refused to be withheld, which was questioned by the Society. It is now stated that the retirement benefits works out to Rs.6,00,000/- and odd, and the admitted amount covered under the surcharge proceedings is Rs.2,69,478/-. In view of the fact that the writ petition is pending and the main contentions raised are to be considered by the learned single Judge, in the interest of justice the appellant society is directed to pay the entire retirement benefits after withholding the sum of Rs.2,69,478/- covered under the surcharge proceedings." 2. Complaining that as against Rs.6,00,000/-, the respondent/Society had paid only a sum of Rs.2,89,616/- on 08.08.2004 and that, even after deducting the dues payable towards surcharge proceedings to the tune of Rs.2,69,478, still, the society is liable to pay a sum of Rs.40,000/-, the writ petitioner/contempt applicant has preferred the above Contempt Application. 3. To-day, learned counsel appearing on behalf of the respondent-society has brought a Demand Draft for a sum of Rs.40,000/-, dated 011. 2007, bearing No. 006231, drawn on Villupuram Co-operative Urban Bank, East Pondy Road Branch, in favour of A.Rajendran, the contempt applicant. However, in view of the fact that the main Writ Petition in W.P. No.38353 of 2002, challenging the order, dated 14.08.2002, passed by the Joint Registrar of Co-operative Societies, Villupuram, directing the Society to forthwith settle the terminal benefits; and the other Writ Petition i.e., W.P. No.2586 of 2005, filed against surcharge proceedings are still pending, the amount paid by way of Demand Draft, as referred to above, is ordered to be kept in a Fixed Deposit for a minimum period of six months and renewable thereafter till the disposal of the Writ Petition. In view of the above, no further orders need be passed in the Contempt Application; hence, the same stands closed. Considering the nature of dispute involved, we direct the Registry to post the above two Writ Petitions before the court concerned for early disposal of the same.