A/2072/2026 of Haima Sundaram and another Vs Bharat Petroleum Corporation Limited and another
A No. 2072 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-04-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
A No. 2072 of 2026
in C.S.No.894 of 2005
Dr.(Mrs.) Kamakshi Sundaram (Deceased)
‘The Canopy’, Poes Garden,
97, Binny Road, Chennai 600 086.
Rep. By her Power of Attorney Mr.C.A.Sundaram
1. Haima Sundaram
The Canopy, Poes Garden, 97, Binny Road,
Chennai -600 086 Represented by her Power of
Attorney Mr.C.A.Sundaram
2. Skanda Sundaram
Apartment No. 8B, 10 Downing No. 132,
Greenways Road, Raja Annamalaipuram,
Chennai - 600028
..Applicant(s)
Vs
1. Bharat Petroleum Corporation Limited
1, Ranganathan Gardens, Off, 11th Main Road,
Anna Nagar, Chennai 600 040
Rep.by its Regional Manager.
2. G Sitaraman Co
Dealer, Bharat Petroleum Corporation Ltd,
No. 1 Sir Dr C.P. Ramaswamy Road, Alwarpet,
Chennai - 600 018
..Respondent(s)
PRAYER: To direct the Registry for payment of the sum of Rs.2,63,20,419/-
(Rupees Two Crores Sixty Three Lakhs Twenty Thousand Four Hundred a nd
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A No. 2072 of 2026
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Nineteen only) and accrued interest, if any, to the 2 nd Applicant / 3 rd Plaintiff
within a date to be specified.
For Applicant(s): Mr.K.Manoj Menon
For Respondent(s): Mr.Sharan
for M/s.S.Ramasubramaniam & Associates for R1
ORDER
Judgment and decree dated 02.01.2025 was issued in favour of the
applicants directing payment of a sum of Rs.2,63,20,419/-. The applicants filed
an appeal for enhancement. By order dated 19.02.2026, the Division Bench of
this Court directed the respondents / defendants to deposit the sum of
Rs.2,63,20,419/- to the credit of the suit. Pursuant to such direction, the
respondents / defendants handed over D.D.No.348316 dated 18.03.2026, issued
by State Bank of India for a sum of Rs.2,63,20,819/- in favour of the Registrar
General of this Court.
2. Since the amount exceeds the amount directed to be deposite d, the
respondents / defendants re-presented the draft stating that they are agreeable to
deposit the sum of Rs.2,63,20,819/-.
3. Upon the deposit being made, the Division Bench directed t hat the
deposited amount along with accrued interest be paid to the third plaintiff on a
payment out application being made by further dispensing issuance of notice t o
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A No. 2072 of 2026
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the respondents. The present application has been filed in the said facts and
circumstances.
4. The Registry had indicated that the value of the demand draft has not
been realised as on date.
5. Learned counsel for the respondents submits that there is a computational
error in the decree. He, however, admits that neither an appe al nor a request
for modification of the decree was filed.
6. Considering the aforesaid, this application is allowed wi th the following
directions:
(i) Within one week from the realisation of the sum of Rs.2,63,20,819/ -
from D.D.No.348316, the Registry is directed to make payment of a sum of
Rs.2,63,20,419/- along with accrued interest, if any, to the second applicant /
third plaintiff.
(ii) The Registry is directed to pay this amount during May 2026.
30-04-2026
RNA
https://www.mhc.tn.gov.in/judis
A No. 2072 of 2026
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SENTHILKUMAR RAMAMOORTHY, J.
RNA
A No. 2072 of 2026
in C.S.No.894 of 2005
30-04-2026
https://www.mhc.tn.gov.in/judis