BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twelfth day of April Two Thousand Ten PRESENT The Hon`ble Mr.Justice F.M.IBRAHIM KALIFULLA and The Hon`ble Ms.Justice K.B.K.VASUKI WA(MD) No.145 of 2010 KALAIMANI ...APPELLANT/PETITIONER Vs 1 THE DEPUTY REGISTRAR OF CO - OPERATIVE SOCIETIES, ARANTHANGI TALUK, PUDUKOTTAI DISTRICT. 2 SELVAMANI ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased To set aside the Order made in WP.10227 of 2006 dated 13.07.2007 on the file of the Madurai Bench of Madras High court and allow the above WA (MD)No. 145 of 2010. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.BAALASUNDARAM, Advocate for the petitioner, the court made the following order:- (ORDER OF THE COURT WAS MADE BY F.M. IBRAHIM KALIFULLA.J.) The issue relates to the settlement of the death benefits of the appellant's husband, who was employed as a Secretary in the first respondent society. 2. It is stated that the second respondent has filed a suit in O.S.No. 69 of 2006 on the file of the District Munsif Court, Thirumayam for recovery of a sum of Rs. 40,000/- and odd, on the alleged ground that the said amount was borrowed by the deceased husband of the appellant. 3. On that score, the first respondent ought not to have refrained from disbursing the death benefit of the appellant's husband to her. In any event, it is stated that there is no interim order passed by the https://hcservices.ecourts.gov.in/hcservices/ Civil Court and the amount is also stated to be around Rs. 40,000/- and odd, while the total terminal benefit is nearly Rs. 5,00,000/-. 4. We therefore direct the first respondent to retain a sum of Rs. 50,000/- awaiting the outcome of the Civil Suit. The balance terminal benefits payable to the appellant and the minors shall be worked out based on their respective shares. The amount payable to the appellant shall be paid directly to her within four weeks from the date of receipt of a copy of this order. 5. As far as the amount payable to the minors are concerned, the same shall be invested in the name of the respective minor in a Fixed Deposit in the local State bank of India, with a further direction to the bank to disburse the interest payable from such deposit to the appellant once in six months to enable her to maintain the minors and bear their educational expenses. Once the minors become major, the bank shall permit the minors to withdraw the Fixed Deposit standing in their names. Such investment by way of Fixed Deposit in favour of the minors shall also be made by the first respondent within a period of four weeks from the date of receipt of a copy of this order. The disbursement of the withheld amount of Rs. 50,000/- can be decided depending upon the out come of the civil suit. sd/- 12/04/2010 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO THE DEPUTY REGISTRAR OF CO - OPERATIVE SOCIETIES, ARANTHANGI TALUK, PUDUKOTTAI DISTRICT. DM::2010::APRIL::16:: ORDER IN WA(MD) No.145 of 2010 Date :12/04/2010 2p:2c:: https://hcservices.ecourts.gov.in/hcservices/