THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
Writ Appeal No.1608 of 2014
DATED:17.12.2014 Between:
K. Raj Kumar, East Godavari District.
… Appellant And Smt. K. Mary Ratnam, Rajahmundry, East Godavari District and others.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
Writ Appeal No.1608 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
After hearing the learned counsel for the parties at length and after going through the records, pursuant to the proposal made by the Court in exercise of power under Section 89 of the Code of Civil Procedure, this appeal would be settled judicially in the manner as follows. All the learned counsels have agreed to this.
1. The Principal of the College for the time being will operate the bank account as we are told that he is authorized to operate the bank account for meeting the day to day expenses for running of the college and also for the payment of salaries of the teachers and staff.
2. The Bank will wait for a period of three weeks and will follow the above system of operation of bank account. If no order is passed by the competent Civil Court, in the meantime, restraining the Bank from honouring cheque issued by the authorized signatory, the bank will be free to honour the cheques submitted by them. In the event any such order is passed by the Civil Court, the bank will obviously obey the same.
3. The writ petitioners-respondents will be free to approach the Civil Court instead of pursuing the writ petition, pending before His Lordship. They shall take steps for withdrawal of the writ petition for filing civil suit praying for appropriate reliefs. This order may be placed before His Lordship, before whom the writ petition is pending for final disposal.
The writ appeal is accordingly disposed of.
The miscellaneous applications, if any pending, shall also stand closed. No costs.
K.J. SENGUPTA, CJ 17th December, 2014 Pnb M.S. RAMACHANDRA RAO, J