M/S. KALAMANI TEX & ANR versus P. BALASUBRAMANIAN M.A. NO. 364 OF 2021 IN

M/S. KALAMANI TEX & ANR versus P. BALASUBRAMANIAN M.A. NO. 364 OF 2021 IN

Because the amount of Rs.11,20,000 was held in a non-interest earning account with UCO Bank, the Court deleted the phrase "along with interest accrued thereupon" from paragraph 22 of its judgment dated 10.02.2021 and directed the Registry to transfer Rs.11,20,000 to the respondent within two weeks.

Parties
Appellant: M/S. KALAMANI TEX & ANR; Respondent: P. BALASUBRAMANIAN
Jurisdiction
India
Judgment Date
24 February 2021
Procedural Posture
Criminal Appeal No.123 of 2021 / M.a. No.364 of 2021 Disposed
Outcome
M.A. disposed of; words "along with interest accrued thereupon" deleted from paragraph 22 of the judgment dated 10.02.2021 in Criminal Appeal No.123 of 2021; Registry directed to transfer Rs.11,20,000 to the respondent within two weeks.
Legal Topics
Addition/deletion of Words in Judgment, Transfer of Funds, Interest on Funds
Negotiable Instruments Act, 1881 Criminal Appeal Addition/deletion of Words in Judgment Transfer of Funds Interest on Funds

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Parties

M/S. KALAMANI TEX & ANR

Appellant

P. BALASUBRAMANIAN

Respondent

Procedural Posture

Criminal Appeal No.123 of 2021 / M.a. No.364 of 2021 Disposed

Legal Issues

  1. 1 Whether the words "along with interest accrued thereupon" in paragraph 22 of the judgment dated 10.02.2021 should be deleted in view of the Office Report that the amount is lying in a non-interest earning account
  2. 2 Whether the Registry should be directed to transfer Rs.11,20,000 to the respondent within the stipulated period

Ratio Decidendi

Because the amount of Rs.11,20,000 was held in a non-interest earning account with UCO Bank, the Court deleted the phrase "along with interest accrued thereupon" from paragraph 22 of its judgment dated 10.02.2021 and directed the Registry to transfer Rs.11,20,000 to the respondent within two weeks.

Court Disposition

M.A. disposed of; words "along with interest accrued thereupon" deleted from paragraph 22 of the judgment dated 10.02.2021 in Criminal Appeal No.123 of 2021; Registry directed to transfer Rs.11,20,000 to the respondent within two weeks.

Orders

  • Deleted the words "along with interest accrued thereupon" from paragraph 22 of the judgment dated 10.02.2021 passed in Criminal Appeal No.123 of 2021 @ SLP(Crl.)No.1876/2018.
  • Directed the Registry to transfer the amount of Rs.11,20,000 (Rupees eleven lakh twenty thousand) to the respondent within two weeks from 24.02.2021.