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2018 DIGILAW 4157 (MAD)

. v. .

2018-11-09

S.VAIDYANATHAN

body2018
JUDGMENT : This Court, on 20.03.2018, directed the respondent to pay a sum of Rs.10,00,000/- (Rupees Ten lakhs only) to show his bonafide. According to the Official Liquidator, a sum of Rs.83,00,000/- (Rupees Eighty three lakhs) only was due as on 01.11.2017, along with interest. It is seen that as on date, not even a pie has been paid and the order dated 20.03.2018 has not been complied with. 2. On 12.10.2018, this Court issued Non Bailable Warrant to Mr.Arun Pillai, to appear before this Court. From the records, it is seen that Non Bailable Warrant was issued to Mr. Arun Pillai by the Superintendent of Police on 01.11.2018. 3. Mr. M. Kempraj, learned counsel for applicant is present before this Court along with party-in-person and according to Mr.M.Kempraj, learned counsel for the applicant, no police turned to the house of Party-in-person and he is not aware of the entire details and that he came to Chennai only on 01.11.2018. 4. The party-in-person submitted that out of Rs.83 lakhs, he has paid less than Rs.18 lakhs and that he is taking steps to arrange funds to comply with the order of this court, dated 20.03.2018. 5. Mr. M. Kempraj, learned counsel for the applicant submitted that Non Bailable Warrant issued to the party-in-person may be recalled on payment of costs, otherwise, the police may arrest and take him into custody, since the earlier order dated 20.03.2018 has not been complied with. 6. As the Party-in-person undertook to arrange payment of dues and also agreed to pay costs, the Non Bailable Warrant issued by this court on 12.10.2018 shall be kept in abeyance till the date of next hearing on condition that the party-in-person shall pay a sum of Rs.50,000/- as costs to M/s. Sarva Shiksha Abhiyan (SSA), IENRSTC, BDO Campus, Kundrathur Block, Padappai, Kanchipuram District-601 301 (Phone No.044-27174701) by means of Demand Draft on or before 23.11.2018 and file a proof of payment into the Registry. The said amount is directed to be utilized by the Home only for the welfare of Special Children, being taken care of by them. 7. Since no police officials are present before this Court along with the party-in-person, despite issuance of Non Bailable Warrant against the party in person, the Inspector of Police, Neelankarai shall appear before this Court on 28.11.2018. 8. List the matter on 28.11.2018.