Haima Sundaram and Another v. Bharat Petroleum Corporation Limited and Another

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.

¶2Since the amount exceeds the amount directed to be deposited, the respondents / defendants re-presented the draft stating that they are agreeable to deposit the sum of Rs.2,63,20,819/-.

¶3Upon the deposit being made, the Division Bench directed that 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 to Page3 of 4 the respondents. The present application has been filed in the said facts and circumstances.

¶4The Registry had indicated that the value of the demand draft has not been realised as on date.

¶5Learned counsel for the respondents submits that there is a computational error in the decree. He, however, admits that neither an appeal nor a request for modification of the decree was filed.

¶6Considering the aforesaid, this application is allowed with 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 AoNo.o2072oofo2026 SENTHILKUMARoRAMAMOORTHY,oJ. RNA AoNo.o2072oofo2026 inoC.S.No.894oofo2005 30-04-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-04-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY 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 and Page2 of 4 Nineteen only) and accrued interest, if any, to the 2nd Applicant / 3rd 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