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[Cites 2, Cited by 0]

Madras High Court

M/S.Ktv Health Food Private Limted vs K.Manjula on 4 August, 2021

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                           Cont.P.Nos.104 & 105 of 2018



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 04.08.2021

                                                         CORAM

                                   THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                            Cont.P.Nos.104 & 105 of 2018
                                                         in
                                            WP.Nos.29541 & 29542 of 2016

                    Cont.P.No.104 of 2018

                    M/s.KTV Health Food Private Limted,
                    rep. by its Director Mr.B.Babu,
                    Registered Office at No.7/3, Arul Nagar Salai,
                    R.V.Nagar, Kodungaiyur, Chennai-118                             ..Petitioner

                                                          Vs.
                    K.Manjula,
                    The District Registrar,
                    Chennai-North,
                    No.1, Murthygal Lane,
                    Chennai-600 001                                         ..Respondent

                    PRAYER:

                              Contempt Petition filed under Section 11 of the Contempt of

                    Courts Act to punish the respondent herein under the provisions of

                    Contempt of Courts Act, 1971 as amended till date for willfully

                    disobedience of the order dated 24.08.2016 in WP.No.29541 of 2016.

                                        For Petitioner      : Mr.A.S.Alaguraja

                                        For Respondent      : Mr.Richardson Wilson
                                                              Government Advocate




                    1/6

https://www.mhc.tn.gov.in/judis/
                                                                           Cont.P.Nos.104 & 105 of 2018



                    Cont.P.No.105 of 2018

                    1.S.Durai Babu
                    2.K.T.V.Padmavathy                                     ..Petitioners

                                                          Vs.
                    1.J.Kumaragurubaran, I.A.S.,
                     The Inspector General of Registration,
                     No.100, Santhome High Road,
                     Chennai 600 028
                    2.K.Manjula,
                      The District Registrar,
                      Chennai-North,
                      No.1, Murthygal Lane,
                      Chennai-600 001
                    3.Manonmani,
                      The Joint Sub-Registrar,
                      Chennai-North,
                      No.31, Walltax Road,
                      Chennai-600 001                                       ..Respondents

                    PRAYER:

                              Contempt Petition filed under Section 11 of the Contempt of

                    Courts Act to punish the respondent herein under the provisions of

                    Contempt of Courts Act, 1971 as amended till date for willfully

                    disobedience of the order dated 24.08.2016 in WP.No.29542 of 2016.

                                        For Petitioners     : Mr.A.S.Alaguraja

                                        For Respondents     : Mr.Richardson Wilson
                                                              Government Advocate


                                               COMMON ORDER

These contempt petitions have been filed to punish the respondents for non compliance of the orders passed by this Court on 2/6 https://www.mhc.tn.gov.in/judis/ Cont.P.Nos.104 & 105 of 2018 24.08.2016 in WP.Nos.29541 & 29542 of 2016, thereby directed the respondent concerned to consider and dispose of the petitioners' representations dated 28.04.2016 and 19.07.2016 within a period of eight weeks from the date of receipt of copy of that orders.

2. The learned Government Advocate appearing for the respondents submitted that the respondent concerned passed order on 01.12.2016.

3. On perusal of the said order, revealed that with regards to the similar issue as against the order passed by this Court in WP.No.28343 of 2015 dated 29.02.2016, the respondent concerned filed writ appeal in WA.No.935 of 2016 and it is pending. Therefore, the petitioners were informed that the question of chargeability on the sale certificates issued by banks under SURFAESI Act, 2002 is sub Judice and that the refund sought for by the petitioners has to be decided only on the outcome of the writ appeal in WA.No.935 of 2016. Therefore, as directed this Court the respondent concerned passed order on 01.12.2016 itself and the same was duly communicated to the petitioners herein.

4. Therefore, no contempt is made out as against the said respondent. Accordingly, both the contempt petitions are dismissed.

3/6

https://www.mhc.tn.gov.in/judis/ Cont.P.Nos.104 & 105 of 2018 However, the petitioners are at liberty to submit a fresh representation to the respondent concerned subject to the result of the writ appeal in WA.No.935 of 2016.




                                                                                     04.08.2021
                    Speaking/Non-speaking order
                    Index    : Yes/No
                    Internet : Yes/No
                    lok




                    4/6

https://www.mhc.tn.gov.in/judis/ Cont.P.Nos.104 & 105 of 2018 To

1.J.Kumaragurubaran, I.A.S., The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028

2.K.Manjula, The District Registrar, Chennai-North, No.1, Murthygal Lane, Chennai-600 001

3.Manonmani, The Joint Sub-Registrar, Chennai-North, No.31, Walltax Road, Chennai-600 001

4.The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis/ Cont.P.Nos.104 & 105 of 2018 G.K.ILANTHIRAIYAN,J.

lok Cont.P.Nos.104 & 105 of 2018 in WP.Nos.29541 & 29542 of 2016 04.08.2021 6/6 https://www.mhc.tn.gov.in/judis/