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Chennai Court March 2013 Judgments

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Mar 15 2013

Coimbatore Popular Spinning Mills Ltd. Vs. Hindustan Textile Spares

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :- 15.03.2013 Coram The Hon'ble Mr. Justice K.RAVICHANDRA BAABU C.R.P.(NPD) Nos. 2881 and 2882 of 2010 M.P.No.1 o1. M/s.Coimbatore Popular Spinning Mills Ltd., Unit 1 rep. by its Managing Director Venkatraman, Trichy Road Pongalur Coimbatore District.2. Mr.Venkatramachandran Managing Director Coimbatore Popular Spinning Mills Ltd., Tristar Towar 1075, Avinashi Road Coimbatore. .. Petitioners Vs M/s. Hindustan Textile Spares rep. by its Power Agent Mr.Umesh Kumar Gupta 952, Avinashi Road Coimbatore018. .. Respondent Civil Revision Petition filed against the fair and decreetal order dated 28.6.2010 made in E.A.Nos.210 and 211 of 2009 in E.P.No.197/2008 on the file of the II Additional Subordinate Judge, Coimbatore. For Petitioner :- Mrs.P.T.Asha for M/s.Sarvabhauman Associates For Respondent :- No appearance ORDER The judgment debtors in a suit for recovery of money are the petitioners in both the Civil Revision Petitions. The first petitio...


Mar 15 2013

M.S.Guru Vs. State

Court: Chennai

Decided on: Mar-15-2013

In the High Court of Judicature at Madras Dated 15.03.2013 Coram The Honourable Mr.Justice R.SUBBIAH, J., Criminal Original Petition Nos.2590 to 2583 of 2013 M.s.Guru @ Gurusamy .. Petitioner in all Petitions ..vs.. The State rep.by Inspector of Police, E.O.W.-II Namakkal, Namakkal District. .. Respondent in all Petitions Criminal Original Petitions filed under section 439(1)(b) of Criminal Procedure Code for the relief as stated therein. For Petitioner : Mr.N.Manokaran For Respondent : Mr.Shanmuga Velayutham, Public Prosecutor assisted by Mr.C.Iyyapparaj, Govt.Advocate (Crl.Side) COMMON ORDER All the Criminal Original Petitions are filed to modify the condition imposed by order dated 15.12.2012 in Crl.M.P.Nos.3838,3840,3841 and 3839 of 2012 on the file of learned Special Judge for the Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997, (in short "TNPID" Act), Coimbatore.2. Case, in brief, is as follows: On 04.09.2012, the respondent regist...


Mar 15 2013

V.Arunkumar Vs. 1.M.Mohamed Abubakkar

Court: Chennai

Decided on: Mar-15-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15. 03/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.344 of 2012 V.Arunkumar ... Appellant Vs. 1.M.Mohamed Abubakkar 2.M/s.National Insurance Company Limited, Rep. by its Branch Manager, Cantonment, Trichy-1. ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to modify the award dated 27.09.2011 passed in M.C.O.P.No.334 of 2006, on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court-I, Tiruchirappalli. !For Appellant ... Mr.N.Sudhagar Nagaraj ^For Respondents... Mr.S.Deenadayalan for R-1 Mr.S.Ramachandran for R-2 - - - :JUDGMENT The appellant / claimant has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.334 of 2006, on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court-I, Tiruchirappalli.2. The short facts of the case are as follows:- The petitioner ha...


Mar 15 2013

Kamala Vs. Sarojini

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:15. 03/2013 CORAM THE HON'BLE MR.JUSTICE R.KARUPPIAH A.3733 of 2012 KAMALA VS. SAROJINI FOR PETITIONER : SRIRAAJ FOR RESPONDENT : V.BHIMAN ORDER A.Nos.3733, 3734 and 3735 of 2012 and A.No.4113 of 2011 In TOS No.40 of 2001 R.KARUPPIAH,J.A.No.4113 of 2011 is filed by applicant/ plaintiff to implead her son and daughter as Legal Heir of the deceased Kamala in which it is stated that applicant/ plaintiff's husband Subramanian married defendant, namely, Kamala in the year 1956. As they have no issues and he married the applicant/ plaintiff as second wife and respondents namely, Rajavelu and Sasirekha were born to them. Further it is averred that during his lifetime Subramanian executed a Will dated 26.04.1999, in favour of son, namely, Rajavelu in respect of the suit property. After death of Subramanian, Appellant/ plaintiff filed O.P.No.906 of 1999 for probate the Will impleaded her son and daughter as R1 and R2 and also Kamala as R3. Since K...


Mar 15 2013

Coimbatore District Central Co Operative Bank Ltd. Vs. Presiding Offic ...

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 15 03.2013 CORAM THE HONOURABLE MR.JUSTICE S. TAMILVANAN W.P. No.17558 of 2006 The Coimbatore District Central Co-operative Bank Ltd., rep. by its Special Officer, Coimbator018. .. Petitioner -vs- 1. Presiding Officer, Labour Court, Coimbatore 2. A.Moses .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of certiorari calling for the records of the first respondent, Labour Court, Coimbatore relating to order in Computation Petition No.1045 of 2002 dated 06.12.2005 and quash the same. For Petitioner : Mr.P.Anbarasan For Respondents : R1 Court Mrs. G.Thilakavathi for R2 O R D E R The Writ Petition has been filed under Article 226 of the Constitution of India challenging the Award dated 06.12.2005 made in Computation Petition No.1045 of 2002 on the file of the Labour Court, Coimbatore, the first respondent herein.2. It is an admitted fact that the second respondent herein was employ...


Mar 15 2013

1.Pathirapandi Vs. 1.The Territorial Commander,

Court: Chennai

Decided on: Mar-15-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15. 03/2013 CORAM THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A(MD) No.383 o1. Pathirapandi 2.Valli Thangam 3.Linga Pushpam 4.Linga Durai 5.Minor.Linga Manikanda Prabhu 6.Minor.Lingeswari (Minor Petitioner/Appellants 5 and 6 are rep through their mother 2nd appellant herein) .. Appellants vs 1.The territorial Commander, The Salvation Army Indian South Eastern Territory, Maharaja Nagar, Tirunelveli - 11. 2.The Divisional Manager, Oriental Insurance Company Limited, S.N.High Road, Tirunelveli Junction. 3.Velmurugan 4.The Branch Manager, United India Insurance Company Limited, 3rd Floor, G.G.Complex, 42,Anna Salai, Madras 002. .. Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the judgment and decree dated 28.02.2005, made in M.C.O.P.No.450 of 2003, on the file of the Motor Accident Claims Tribunal, Principal District Court, Tirunelveli. !For Appellant ... Mr.S.Sivathilagam ^For Respondent...


Mar 15 2013

Ambika Vs. D.irusamma

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE OF MADRAS DATED:15. 03.2013 CORAM: THE HONOURABLE MR. JUSTICE G.RAJASURIA S.A.No.979 of 2004 and C.M.P.No.7278 o1. Ambika 2. S.Paramasivam 3. S.Yuvaraj 4. S.Jeevarathinam 5. S.Buvaneswari 6. S.Marivel 7. S.Devi ... Appellants vs. D.Irusamma (died on 10.5.99 rep.by following as legal heirs in the suit and appeal suit) 1. T.Murugammal 2. D.Kumaravel 3. B.Saravanan 4. D.Ekambaram ... Respondents This second appeal is filed against the judgment and decree dated 17.02.2002 passed by the learned VII Additional Judge, City Civil Court, Chennai in A.S.No.28 of 2000 in confirming the judgment and decree dated 20.09.1999 passed by the learned I Assistant Judge, City Civil Court, Chennai in O.S.No.1202 of 1996. For Appellants : Mr.B.Ramakrishnan For Respondents : Mr.P.Jayaprakasam JUDGMENT At the hearing, all the appellants and the respondents are present along with their respective advocates and they in unison stated that they voluntarily entered into the compromi...


Mar 15 2013

icici Lombard General Vs. Annakkili

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :15. 03.2013 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR C.M.A.No.993 of 2013 M.P.No.1 of 2013 The Manager, ICICI Lombard General Insurance Co. Ltd., Trichy. ... Appellant vs. 1.Annakkili 2.Chinnappa @ Siva 3.Minor Abirami (Minor is represented by father, 2nd respondent) 4.Shajahan ... Respondents (R4 set ex parte in lower Court) Civil Miscellaneous Appeal filed under Section 173 of the Mmotor Vehicles Act, 1988, against the order and decretal order, dated 28.10.2011 made in M.C.O.P.No.167 of 2007, on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Ariyalur. For Appellant : Mr.K.S.Narasimhan That on 28.03.2007, about 7.45 P.M., when the first respondent was walking along with his son, aged about 11 years and a student in Standard 6, a van bearing Registration not TN 4.B 6867.owned by the third respondent and insured with the appellant ICICI Lombard Insurance Company, came from behind and dashed against the minor child...


Mar 15 2013

R.Thangaraj Vs. 1.A.S.Somasundaram

Court: Chennai

Decided on: Mar-15-2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15. 03/2013 CORAM THE HONOURABLE MR.JUSTICE C.S.KARNAN C.M.A.(MD)No.801 of 2004 R.Thangaraj ... Appellant Vs. 1.A.S.Somasundaram 2.United India Insurance Company Limited, Kovilpatty, By its Branch Manager, 3.T.Jeyam 4.M/s.United India Insurance Company, 74 Railway Feeder Road, Virudhunagar, By its Divisional Manager, ... Respondents PRAYER Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set-aside the award in M.C.O.No.15 of 2001, dated 25.07.2002, of the Motor Accidents Claims Tribunal, Sub Court, Sivakasi. !For Appellant ... Mr.N.Dharmar ^For Respondents... Mr.B.Rajesh Saravanan for R-2 Mr.R.Kumararaja for R-4 - - - :JUDGMENT The appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.C.O.No.15 of 2001, on the file of Motor Accidents Claims Tribunal, Sub Court, Sivakasi.2. The short facts of the case are as follows:- The petitioner has filed the claim in ...


Mar 15 2013

Official Liquiator Vs. .

Court: Chennai

Decided on: Mar-15-2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:15. 03/2013 CORAM THE HON'BLE MR.JUSTICE VINOD K.SHARMA Comp.A.No.321 of 2013 in C.P.No.17 of 2004 THE OFFICIAL LIQUIATOR HIGH COURT, MADRAS LIQUIDATOR OF SIV INDUSTRIES LTD. (IN LIQN.) ORDER This application under Sections 460(4), 555 of the Companies Act, 1956, read with Rules 9, 11(b), 167, 280 of the Companies (Court) Rules, 1959, has been moved to permit the Official Liquidator to disburse the dividend of Rs.47,03,647/- (Rupees forty seven lakhs three thousand six hundred forty seven only) @ 48 paise in a rupee, to 62 claimants, as detailed in the list of creditors as per Annexure 'A' and Annexure 'B'. 2.In support of the application, a report has been filed by the Official Liquidator recording therein that M/s.S.I.V. Industries was ordered to be wound up on 25.08.2004 in Company Petition No.17 of 2004. 3.In pursuance of the order passed by this Court in C.A.No.1325 of 2006 dated 17.08.2006, the Official Liquidator invited claims fro...


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