Research › Search › Judgment

Madras High Court · body

2023 DAILYLAW 3723 (MAD)

DHANALAKSHMI.R v. UNION OF INDIA

WP/31516/2023 · 2026-03-24

Krishnan Ramasamy

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 31516 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-03-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY WP No. 31516 of 2023 Dhanalakshmi.R, W/o. P.Rajasekaran, No. 86, 7th Cross Extension, Rainbow Nagar, Puducherry 11. Petitioner(s) Vs 1.Union Of India, Rep. By Its Special Secretary To Government (Revenue), Department Of Revenue And Disaster Management, Puducherry. 2.The Competent Authority, Appointed Under Puducherry, Protection Of Interests Of Depositors In Financial Establishments Act 2004 , Puducherry. 3.Assistant To The Administrator Of PNL Nidhi Ltd., No. 14 Housing Board Layout, Thiyagaraja Apartment, New Saram, Puducherry 605 013 Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 31516 of 2023 PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 3rd respondent to disburse the deposits entitled by the petitioner at PNL Nidhi Ltd., on the basis of Indemnity Bond in lieu of the Original dishonored Cheques, within a time frame fixed by this Court. For Petitioner(s): Mr.Stalin Abhimanyu For Respondent(s): Mrs.V.Usha Additional Government Pleader For R1 & R2 Mr.P.Vishnu Manoharan for Mr.Rahul Balaji For R3 ORDER This writ petition has been filed seeking to direct the 3rd respondent to disburse the deposits entitled by the petitioner at PNL Nidhi Ltd., on the basis of Indemnity Bond in lieu of the original dishonored Cheques. 2.Learned counsel for the petitioner would submit that the petitioner’s husband is a deposit holder with PNL Nidhi Limited, Puducherry and the petitioner is the joint deposit holder of all the deposits made by her husband. When they demanded for repayment of their deposits, two cheques were issued by the 3rd respondent vide cheques bearing numbers 968269 dated 22.09.2004 and 968270 dated 21.09.2004 respectively. However, both the cheques were dishonored. After the death of the petitioner’s husband, the petitioner submitted https://www.mhc.tn.gov.in/judis WP No. 31516 of 2023 a claim in this regard to PNL Nidhi Limited. However, they refused to settle the claim stating that the original cheques that got bounced were not provided along with the claim form. He would further submit that the petitioner lost those dishonored cheques. Therefore, the petitioner is ready to execute an Indemnity Bond in lieu of the originally dishonored cheques for realisation of amount. In this regard the petitioner made a representation dated 11.05.2023 to the 3rd respondent. But, the same was not considered. Hence, the present writ petition has been filed. 3.Learned counsel appearing for the 3rd respondent would submit that the representation of the petitioner will be considered, within a time frame to be fixed by this Court. 4.Considering the submissions made by both the parties and in view of the limited prayer sought for in this writ petition, this Court directs the petitioner to produce all the documents including the receipt of proof for the dishonor of cheques. In case, the cheques are not available, the Indemnity Bond shall be produced in lieu of the originally dishonored cheques. The 3rd respondent is directed to consider the petitioner’s request on merits and in accordance with law, within a period of twelve (12) weeks on receipt of the aforesaid documents from the petitioner. https://www.mhc.tn.gov.in/judis WP No. 31516 of 2023 5.With the above direction, this writ petition is disposed of. No costs. 24-03-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 31516 of 2023 To 1.Union Of India, Rep. By Its Special Secretary To Government (Revenue), Department Of Revenue And Disaster Management, Puducherry. 2.The Competent Authority, Appointed Under Puducherry Protection Of Interests Of Depositors In Financial Establishments Act 2004 , Puducherry. 3.Assistant To The Administrator Of Pnl, Nidhi Ltd., No. 14 Housing Board Layout, Thiyagaraja Apartment, New Saram, Puducherry 605 013. https://www.mhc.tn.gov.in/judis WP No. 31516 of 2023 KRISHNAN RAMASAMY J. rst WP No. 31516 of 2023 24-03-2026 https://www.mhc.tn.gov.in/judis