Case Note & Summary
The appellant, Lakshmi Murugesan, filed a writ petition (WP No. 922 of 2024) in which several allegations were raised between the parties. She proposed to travel abroad and filed a miscellaneous petition seeking permission. The Writ Court imposed a condition that she deposit Rs. 25,00,000 with the Registrar General of the High Court of Madras. The appellant complied and deposited the amount on 23.10.2025. However, she subsequently cancelled her travel plans and filed WMP No. 50048 of 2025 seeking a refund of the deposited amount. The Writ Court declined the refund and directed the Registrar General to deposit the amount in an interest-bearing scheme until disposal of the writ petition. Aggrieved, the appellant filed the present writ appeal under Clause 15 of the Letters Patent. The respondents opposed the appeal, citing serious allegations against the appellant. The High Court held that since the deposit was made solely as a condition for travel abroad and the travel was cancelled, the purpose of the deposit ceased to exist. Therefore, the amount should not be unnecessarily retained. The court set aside the order of the Writ Court and directed the Registrar General to refund the amount to the appellant's account within two weeks. The court clarified that the refund would not affect the merits of the main writ petition.
Headnote
A) Civil Procedure - Interim Orders - Refund of Conditional Deposit - Where a deposit is made as a condition for travel abroad and the travel is subsequently cancelled, the deposit need not be retained and should be refunded to the depositor - Held that the purpose of the deposit having ceased, the amount should be returned (Paras 6-7).
Issue of Consideration
Whether the appellant is entitled to refund of the amount deposited as a condition for travel abroad after she cancelled her travel plans.
Final Decision
The appeal is allowed. The order dated 24.11.2025 in WMP No. 50048 of 2025 is set aside. The Registrar General, High Court of Madras, is directed to refund the sum of Rs. 25,00,000 to the appellant's account within two weeks. The refund is without prejudice to the merits of the main writ petition.
Law Points
- Conditional deposit for travel abroad
- refund upon cancellation of travel
- no need to retain deposit if purpose ceases
