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2006 Supreme(Mad) 764

J.A.K.SAMPATHKUMAR, P.SATHASIVAM
Tamilnad Mercantile Bank Limited, Tuticorin, represented by its Chairman and Chief Executive Officer and others – Appellant
Versus
Tamilnad Mercantile Bank Shareholders’ Welfare Association, represented by its Secretary, Mr. M. P. T. Muthuraj and another – Respondent


Advocates:
A.L.Somayaji, Senior Counsel, for R.Shankaranarayanan, for Appellant in L.P.A.No.21 of 2005.
C.Harikrishnan,Senior Counsel, for H.Karthick Seshadri, for Appellant in L.P.A.Nos.22 and 23 of 2005.
N.R.Chandran, Senior Counsel, for S.Mukundan, for Appellant in L.P.A.No.24 of 2005.
N.R.Chandran, Senior Counsel, for P.Valliappan, for Appellant in L.P.A.No.25 of 2005.
P.S.Raman, Senior Counsel, for M/s.Gupta and Ravi, for Respondent in L.P.A.Nos.21 to 25 of 2005.
Mrs.Nalini Chidambaram, Senior Counsel, for M/s.Gupta and Ravi, for Respondents in L.P.A.Nos.22 to 25 of 2005.

P.Sathasivam, J.: Since all the appeals arise out of the very same order of the learned single Judge, they are being disposed of by the following common Judgment.

2. Questioning the order dated 28.9.2005 of the learned single Judge made in C.P.No.28 of 2005, Tamilnad Mercantile Bank through its Chairman and Chief Executive Officer has filed L.P.A.No.21 of 2005. Questioning the same order, B.Ramachandra Adityan, Director of the Bank filed L.P.A.No.22 of 2005; and V.Baskaran, another Director filed L.P.A. No.23 of 2005. L.P.A.No.24 of 2005 is filed by one N. Balasubramanian and L.P.A.No.25 of 2005 is filed by A.Narayanan, against the very same order of the learned Judge. In all these appeals Tamilnad Mercantile Bank Shareholders’ Welfare Association is the first respondent and the Bank is the second respondent. As said earlier, since all the appeals are filed against the order dated 28.9.2005 made in C.P.No.28 of 2005, for convenience, we shall refer the facts and parties as mentioned in L.P.A.No.21 of 2005.

3. The first respondent herein, Tamilnad Mercantile Bank Shareholders’ Welfare Association filed C.P.No.28 of 2005 to punish the respondent therein, viz., S.Radhakrishnan, Chairman


















































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