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2025 DAILYLAW 40289 (MAD)

A. Sridevi and 3 others v. R. Manoj kumar and 8 others

OA/441/2025 · 2025-07-07

K Kumaresh Babu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

O.A. Nos. 441 to 4444 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-09-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL O.A.Nos. 441 to 444 of 2025 in C.S.No.96 of 2025 A. Sridevi and 3 others D/o.Atcha Rao, W/o.Nambiraj, NO.1/2, Royal Enclave, West Natesan Nagar, M BlockTaisha Housing Board, Chennai - 600 093. and 3 Others Applicant(s) Vs. 1.R. Manoj kumar S/o.RAmarao, No.5/34, Indira Gandhi Salai, Alwarthirunagar, Chennai - 600087 2. Jaya D/o.Atcha Roa, Door NO.B1, Plot No.110, 3rd Street, Jai Nagar, Valsarawakkam Chennai - 600087. 3. R.Ramya D/o.Atcha Rao, Door No.B1, Plot No.110, 3rd Street, Jai Nagar, Valasarawakkam Chennai - 600 087. 4. A.Kannan S/o.Atcha Rao, Door No.8, First Floor, F-6, BBC West End Apartments, Indira Gandhi Street, K.K.Salai, Saligramam, Chennai - 600 095. 5. K.Sasthyaveni D/o.Koteshrao, No.5/34, 2nd Floor, Indira Gandhi Nagar, Alwarthirunagar, Chennai - 600 087. 6. K.Someshwara Rao S/o.Koteshrao, No.5/34, 2nd Floor, Indira Gandhi Nagar,Alwarthirunagar, Chennai - 600 087. 7. A.Bharath Rao S/o.Atcha Rao, Flat No. 1001, Zahrat A1 Madaen Towers by Kaloti, AI Maja Z3, Sharjah, United Arab Emirates. https://www.mhc.tn.gov.in/judis 8. A.Madhu S/o.Atcha Rao, Flat NO.1001, Zahrat A1 Madaen Towers by Kaloti, AI Maja Z3, Sharjah, United Arab Emirates. 9. Rajiv School of Excellence Educational Trust run by rAjiv Gandhi Educational Trust Represented by its Authorised signatory, No.5/516B, Sakthi Sairam Street, Ganapathy Nagar, Alapakkam, Chennai - 600 116. Respondent(s) For Applicant(s): M/s.R.Thiagarajan For Respondent(s): M/s.B.Sumithra - D4 - No Appearance Advocate Commissioner : Mr.S.Kasi Kumar ORDER The Advocate Receiver / Administrator, appointed by this Court vide its order dated 07.07.2025, in O.A.No.441 to 444 of 2025 in C.S.No.96 of 2025, has filed a Memo before this Court dated 22.09.2025, stating that he was appointed as an Advocate Receiver on 07.07.2025 by this Court and the same was confirmed by the Hon'ble Division Bench of this Court vide order dated 21.08.2025 in O.S.A.Nos.259, 239, 240 & 241 of 2025. 2.It is the submissions of the learned Advocate Receiver that when he requested the Canara Bank, Valarasavakkam Branch, Chennai, to permit him to operate the bank account that has been maintained by the Rajiv School of Excellence Educational Trust run by Rajiv Gandhi Educational Trust, they have permitted him to operate the bank account from 12.09.2025 onwards. When the same request was made to the HDFC Bank, Lakshmi Nagar, Porur Branch, Chennai and State Bank of India, Valasaravakkam Branch, Chennai, to permit him to operate the accounts, they have https://www.mhc.tn.gov.in/judis refused to do so. Hence, the Memo dated 22.09.2025 came to be filed before this Court for passing appropriate orders. 3.Today, both side counsels present. This Court also heard both sides and perused the records. 4.There is no dispute with regard to the appointment of the Advocate Receiver by this Court vide its order dated 07.07.2025 and this Court has also passed an order dated 30.07.2025, directing the Advocate Receiver / Administrator to take over the charge of Rajiv School of Excellence Educational Trust run by Rajiv Gandhi Educational Trust by 04.08.2025 and report compliance on 05.08.2025. 5.Now, the Advocate Receiver has filed the above Memo, due to non cooperation of the banks. Since this Court has already passed an order of appointment of the Receiver to take over the charge of the Trust and the Hon'ble Division Bench of this Court has also in O.S.A.Nos.259, 239, 240 & 241 of 2025 confirmed the said order of this Court, he seeks for appropriate direction from this Court to proceed with the matter. 6.When this Court appoints a Receiver, it is the duty of the Receiver to administer the properties of the Trust. When the Administrator for administration purposes requested the respective banks to permit him to operate the bank accounts which stood in the name of the Trust, HDFC Bank, Lakshminagar, Porur Branch, Chennai, vide its letter dated 01.09.2025 informed the Advocate Receiver that there are no specific directions with respect to the bank account maintained by the HDFC Bank, and therefore requested him to provide a specific Court order pertaining to the Account No.99909840037123 maintained with them in Lakshmi Nagar, Porur-2 Branch, to https://www.mhc.tn.gov.in/judis enable them to assist him in this regard. 7.Similarly, the State Bank of India, Valasaravakkam Branch, Chennai, also vide its letter dated 20.09.2025, informed the Advocate Receiver that the details of Canara Bank account alone have been given in the Court order and there is no mention about operation of the account maintained in SBI and sought for amended order of the Court, to enable their Valasaravakkam Branch to allow the operation of the same. 8.In light of the above, it is clear that the respective banks wanted orders from this Court to allow the Advocate Receiver to operate the bank accounts maintained in their branches. 9.Accordingly, this Court is inclined to pass the following order: (a) The Branch Manager, HDFC Bank, is directed to permit Mr.S.Kasikumar / the Advocate Receiver / Administrator to operate the Account No.99909840037123 maintained with Lakshmi Nagar, Porur-2 Branch, Chennai. (b) The Branch Manager, SBI Bank, is directed to permit Mr.S.Kasikumar Advocate Receiver / Administrator to operate the Current Account No.35424133485 maintained by the School of Excellence, in Valarasaravakkam Branch, Chennai 600 087. 10.Post the matter on 15.10.2025. 26-09-2025 kas https://www.mhc.tn.gov.in/judis