Finance, Forex and Investments

Why does the courts in Chennai, do not recognise the value of time, money and efforts of the petitioner? ?

From : seafarersman@indiatimes.com Subject : Senior Citizen’s plight for justice and protection of the Sanctity of Courts. To : supremecourt@nic.in Cc : presidentofindia @rb.nic.in, vpindia@nic.in Bcc : pri04 ja pri04_ja@yahoo.com Fri, Aug 01, 2008 09:56 AM From : seafarersman@indiatimes.com Subject : Senior citizens cry for justice.To: hcourt@tn.nic.in Wed, Jul 30, 2008 06:36 PM 1 attachment Through Honourable Selvi R.Mala, Registrar General, Madras High Court, Tel : 91 - 044 -25340410 ________________________________________ Honourable Chief Justice A K Ganguly. 29-07-2008. His Excellency, The Chief Justice of Madras High Court, Senior Citizen’s plight for justice and protection of the Sanctity of Courts. Case Study. Cheque bounce case. CC827/06, with Saidapet XXIII Court, Chennai. Most Respected Sir, We expect fair and timely delivery of justice, Sir. Those who drag the case cunningly with extended times to be severely punished. If we literates and enlightened citizens don’t value “ TIME ” The accused, meanwhile, multiplies the innocents hard-earned money. Please have mercy on the innocents who have no political link gets neglected, continues to incur money, effort, time to recover our hard-earned money. CASE STUDY 10th September 2004. Rupees One Lakh Cash paid to Mr. R Ramamurthy, to meet his emergent needs, friendly help extended after breaking my Fixed –Deposit. He promised me to pay cash earlier itself and take back his Post Dated Cheque No. 542212 dt. 20-03-2005, of Indian Bank, Raja Annamalaipuram East, Chennai-600028, assuring that he can never forget this kind help but a friendly betrayal. After lapse of six long months i.e. 3 days prior to cashing the cheque, Mr.K R Ramamurthy approached me ( i.e. 16th March 2005 ) asking me not to present the cheque for realization but for upto 14th April 2005, for which I did ask him to put a written request, accordingly he gave me a written letter of request dated the 17th March 2005. Subsequently, he sent me an e-mail, asking me to present on the 19th April 2005. Despite the waiting, the same when presented for realization, bounced back for insufficient funds. The same notified to Mr. Ramamurthy, who regretted for the same in words and promised to make payment soon, as he said, “ expecting the settlement of his partition dues, pertaining to his parental property at Madurai”, and a flat for his disposal in Kodambakkam, while his wife is the President of the Flat owners association where he lives. After which he was only giving dates and alas I was constrained to recover my hard-earned money through the court of law. Later on from verification of credentials, I came to know that whatever he said were all false. His family is on rent and therefore the question of his wife being the President of the Flat owners Assoc. doesn’t at all arise. My earlier vision of Mr. Ramamurthy being from a respectable Brahmin-family turned out to be a well planned cheat, trying to earn in short cuts, making use of the loopholes in the system. He has his own specialized advocate, influencing with politicians of the ruling government (previous and at present) etc. He gets exempted from attending courts, availing all means of delay tactics, which includes delaying in the listing of the file suit onwards, use of liberal adjournments, applying for quash petition(which was dismissed by the Honorable Justice K N Basha Crl.O.P. No.25241 of 2006 and M.P.No.1 of 2006 (Re-Criminal Original Petition filed under Sec.484 of Cr.P.C. to call for the records and quash the proceedings in C.C. No.827 of 2006, on the file of the learned XXIII Metropolitan Magistrate Court, Saidapet, Chennai-600015). The case was at the defence stage admittedly the complainants witness was over, no justification for entertaining the quashing petition. QUASHING PETITION IS DISMISSED AS DEVOID OF MERITS. The learned XXXIII Metropolitan Magistrate was further directed to expedite the trial as expeditiously as possible and more particularly within a period of five months from the date of receipt of this order (24-07-2007). Then on, the advocates of either side colluded. Adjournments continued liberally as the accused was exempted from attending court hearing dates, while self a heart patient declared hyper-tension and lost his job on medical grounds in 1993, while with the Govt.’s, Shipping Corporation of India Ltd; and continue to be under treatment from then on. Regularly attending courts to recover my hard-earned money, put into hardships by the harassment and caused humiliation, during the course of my attempts to recover my money. On 30-11.2007, my Case No. CC No.827/06, referred to LOK ADALAT saying for instant order. Both sides present. The matter settled at Rs.1,05,000/- only towards full and final settlement with initial payment of Rs.50,000/-and balance of Rs.55,000 (rupees fifty fivethousand only), on or before 26-02-2008,

Public Comments

1. The case which you have narrated-I fully sympathise with the senior citizen's predicament and plight-only strengthens my belief that all is not well with the both the Indian justice system and judiciary.No wonder terrorists operate with impunity,cheats prosper and our politicians get away with blue murder and in general the law seems to be more favorable to the wrongdoers.Just goes to show that litigation should be avoided like the plague.I certainly admire the tenacity of the senior citizen and pray to the almighty for his early recovery of dues.