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2006 Supreme(Mad) 2240

P.SATHASIVAM, S.MANIKUMAR
K. Sp. V. Shanmugham & Others – Appellant
Versus
Alwarpet Benefit Fund Ltd. , & Others – Respondent


Appearing Advocates: For the Appellants:R.L. Sundaresan, Senior Counsel, A.L. Gandhimathi, Advocate. For the Respondents:R1, R. Krishnamurthi, Senior Counsel, R. Bharath Kumar, R2, R.S. Raveendhran, Advocates, R3, T.R. Rajagopalan, Senior Counsel, T.R. Rajaraman, Advocate.

Judgment :-

(Appeal under Clause 15 of the Letters Patent against the order of the learned single Judge, dated 17.02.2006, made in WPMP No.2722 of 2005 in W.P. No.14577 of 1999.)

P. Sathasivam, J.

By consent of all the parties, the Writ Appeal itself is taken up for disposal.

2. Aggrieved by the Order, dated 17.02.2006, of the learned single Judge, made in WPMP No.2722 of 2005 in W.P. No.14577 of 1999, the appellants have filed the above appeal.

3. Heard Mr.AR.L.Sundaresan, learned Senior counsel for the appellants; Mr.R.Krishnamurthi, learned Senior Counsel for R-1; Mr.R.S.Raveendhran, learned counsel for R-2; and Mr.T.R.Rajagopalan, learned Senior Counsel for R-3.

4. One of the depositors of M/s.Alwarpet Benefit Fund Limited approached this Court by way of Writ Petition, viz., W.P. No.14577 of 1999, seeking for the issuance of a mandamus, directing the first respondent therein, ie., M/s.Reserve Bank of India, to appoint a fit and proper person as custodian/Special Officer for taking immediate control and possession of all the assets, properties, movables and immovables, and securities belonging to M/s.Alwarpet Benefit Fund Limited and pay the depositors their original due. By order da

















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