Suo Motu W.P. No.12935 of 2021 P.N. PRAKASH, J. and ABDUL QUDDHOSE, J. In continuation of our earlier order dated 10.12.2021, we pass the following order: 2 Today, while Mr. N. Vijayaraghavan, learned Amicus Curiae, Mr.C.Mohan, learned counsel representing M/s. King & Partridge, learned Standing

Suo Motu W.P. No.12935 of 2021 P.N. PRAKASH, J. and
ABDUL QUDDHOSE, J.
In continuation of our earlier order dated 10.12.2021, we pass the following order:
2 Today, while Mr. N. Vijayaraghavan, learned Amicus Curiae,
Mr.C.Mohan, learned counsel representing M/s. King & Partridge, learned Standing
Counsel for State Bank of India, Pattukottai Branch, the third respondent herein,
Mr.D.Lingeswaran, Director, Tamil Nadu State Judicial Academy, Mr. S. Sundararaj,
Inspector of Police, CB-CID, Villupuram and Mrs. P. Dhanalakshmi, Inspector of
Police, CB-CID, The Nilgiris, were present via video conferencing,
Mr.K.Seetharaman, Chief Nodal Officer, Mr.S.Sethuraman, Assistant Chief Nodal Officer/Section Officer, Mr. Hasan Mohamad Jinnah, learned State Public Prosecutor and Mr. R. Muniyapparaj, learned Additional Public Prosecutor were present in person.
3 Mrs. P. Dhanalakshmi, Inspector of Police, CB-CID, The Nilgiris District, has filed a status report dated 03.01.2022, wherein, it is stated that pursuant to the order dated 10.12.2021 passed by this Court, the case in Dharapuram P.S.Cr.No.1075 of 2021 has been transferred to the file of the CBCID, Tiruppur and the case has been re-registered as Tiruppur CB-CID Cr.No.2 of 2021 and that the investigation is in progress. The status report also discloses the involvement of an advocate and Court staff in the offence. We direct the CB-CID, Tiruppur, to proceed with the investigation and take it to its logical conclusion.
4 Mr. S. Sundarraj, Inspector of Police, CB-CID Villupuram, has filed a status report dated 04.01.2022, wherein, it is stated that on the complaint lodged by the Principal Sub Judge, Kallakurichi, the CB-CID, Villupuram, has registered a case in Cr.No.2 of 2021 for the offences under Sections 120-B, 409, 418,420,465,466,467,468,471 and 477-A IPC against three accused and some arrest has been made. We direct the CB-CID Villupuram, to proceed with the investigation and take it to its logical conclusion.
5 Further to the Notification dated 15.06.2021 of the Hon’ble Chief
Justice, this Special Bench was constituted. It has held 10 sittings thus far, in Court and two sittings at the Tamil Nadu State Judicial Academy.
6 By order dated 26.11.2021, a sitting was contemplated on 11.12.2021 at the Judicial Academy. However, due to inclement weather, it was postponed to
18.12.2021 and the Chief Nodal Officer and 32 plus 1 District Nodal Officers were present (except two for whom representatives attended) for the said meeting.
7 All the District Nodal Officers were directed to submit the details in respect of all 322 MACTs in the State of Tamil Nadu and Pondicherry, called for, as per a template devised by this Court. All of them responded to it. But, a few of them submitted that the entire data could not be collated in time, and they assured to finalise it shortly. The Chief Nodal Officer filed a consolidated data sheet as well, collating all the data furnished by the District Nodal Officers.
8 Each of the District Nodal Officers and the Chief Nodal Officer were given opportunity to explain the present status of inspection in the day-long session, which commenced at 10.00 a.m. and concluded at 5.00 p.m. on 18.12.2021.
9 The specific issues flagged of in the proceedings and deliberations can be summarised as follows:
Savings Bank vs. Current Account for MACTs:
10 Uniformly and consistently, the Chief Nodal Officer and all District Nodal Officers urged that Current Account was best suited and not Savings Bank account. They highlighted multiple difficulties of the practical kind.
11 They urged that they were well aware that the Supreme Court had, by order dated 16.11.2021 in W.P. (Civil) No. 534 of 2020 in BAGIC v. UOI, mandated maintenance of S.B. accounts alone. They submitted that this Special Bench may request the learned Amicus Curiae in these proceedings, who happens to be the Amicus Curiae before the Supreme Court proceedings also, to represent before the Supreme Court on this aspect for any modification, if permissible and possible.
12 It was pointed out that accrued interest had run up to over Rs.40 crores till date in all MACTs and it is practically impossible at this stage to correlate or reconcile the interest accrual claimantwise, as several decades have passed; there was inevitable delay between deposit and disbursement and in many cases, the claimants have not turned up also; hence, misappropriation became possible by reason of whopping amount of accrued interest made available; such a huge amount of interest had accrued because the MACTs were maintaining S.B.A/cs.
13 To avoid loss of interest to claimants in Current Account, it was suggested that all MACTs could give standing instructions to the nationalised banks where the Current Accounts are maintained, to forthwith, invest the deposited award sums in Fixed Deposits in the name of “MACT a/c claimants”, for a minimum period of one year, with automatic renewal option, if need be. It was further suggested that in case of Lok Adalat/Mediation/MACT compromises and awards which were accepted by judgment debtors, the award sums could be paid to claimants, to their regular bank accounts maintained and details furnished by them, and duly incorporated in the award itself, (other than minor claimants or in cases where MACT directs deposit) by Direct Bank Transfer or NEFT/RTGS transfer and that this could obviate the need for deposit of award sums before the
MACTs, at least in such instances, not to be handled by the MACTs.
UTR Numbers & MCOPs:
14 The mismatch between UTR numbers and MCOP numbers was seen to be a serious issue. This Court had directed all Insurance Companies and Transport Corporations to furnish the matching MCOP numbers to the MACTs. It appears that the Chief Nodal Officer has taken the lead and the District Nodal Officers had also done their homework and the learned Amicus Curiae had forwarded the requests to all Insurance Companies and Transport Corporations for compliance. Equally, this Court had directed that the respondents, on deposit of award sums with matching UTR numbers and MCOP numbers, shall also send an e-mail to the respective MACTs within 48 hours of such deposit.
15 On 18.12.2021, at the State Judicial Academy deliberations, the Chief
Nodal Officer/District Nodal Officers submitted that they could not complete the UTR/MCOP exercise, as the backlog was huge, and they needed further time. It was further stated that not all Insurance Companies and Transport Corporations/respondents were sending the e-mails within 48 hours.
16 It is now reported by the Chief Nodal Officer and the learned Amicus
Curiae that after 18.12.2021, till date, the District Nodal Officers have given several requests in this regard and they have all been attended to. The issue is getting close to resolution, as we are told.
17 Insofar as further UTR-MCOP mismatch may be lingering, despite close inspection, we direct the MACTs through their respective District Nodal Officers to file a report of complete compliance by 31.01.2022, without fail.
18 The learned Amicus Curiae brought to our notice that some Insurance Companies complained that some District Nodal Officers were seeking the same data repetitively and fault may be at the MACTs’ end. The District Nodal Officers shall take care to avoid such complaints. The MACTs are also directed to keep their e-mail IDs alive and open without cause for any complaint on this score as well.
Status Report of Chief Nodal Officer and District Nodal Officers:
19 These proceedings are coming to a close. We cannot indulge and engage in a fishing expedition beyond what we have already dealt with. It cannot be an endless exercise and has to be focused and specific, to achieve the purpose we set out hereinafter.
20 Accordingly, we are of the view that the Chief Nodal Officer and all
District Nodal Officers shall wind up the inspection process entrusted to them by 31.01.2022. The District Nodal Officers shall collate all the data qua MCOP cases alone, compiled within such time and submit the same on or before 10.02.2022 to the Chief Nodal Officer. The status report shall include their suggestions also and shall be in the template already suggested by this Court in its order dated 26.11.2021 and not in any other form.
21 In turn, the Chief Nodal Officer shall submit his consolidated status report- data from all the District Nodal Officers and his own independent status report, with suggestions, if any, not exceeding three pages.
22 The Chief Nodal Officer is entrusted with the responsibility and obligation to ensure that the District Nodal Officers stick to the common and uniform template, as identified in this Court’s order dated 26.11.2021.
23 The Chief Nodal Officer may also discuss with the District Nodal Officers, as deemed fit, on the registers to be maintained or one consolidated
MACT Register, for future guidance/compliance. A template of such MACT register may be submitted by the Chief Nodal Officer, as consented to by all the District Nodal Officers on or before 10.02.2022, as part of his final status report.
Fixed Deposit Receipts:
24 The Chief Nodal Officer and District Nodal Officers shall give the data on or before the stipulated date, including the number of FDRs, corresponding numbers of MCOPs relating to the FDRs and the total amount lying in FDRs in all MACTs in Tamil Nadu as on 31.01.2022.
25 The Chief Nodal Officer and District Nodal Officers uniformly represented that FDRs were maintained in innumerable nationalised bank branches and sometimes, in societies and companies, also. The suggestion of the Chief
Nodal Officer and District Nodal Officers in this regard was to streamline such FDRs in limited number of nationalised banks and branches alone. It is a very ticklish issue which needs sensitive handling, as crores of amount may be involved. This Court shall consider the suggestion of the Chief Nodal
Officer/District Nodal Officers, appropriately.

SBI Pattukottai Branch Issue
26 The entire proceedings before this Bench was a fall out from the misappropriation of Rs.1,51,30,000/- by accused Dinakaraja, Central Nazir
(Retd.), III Additional District Court, Pattukkotai. The Pattukottai Branch of State Bank of India has been impleaded as third respondent. They have filed two counters answering the averments made in the reports of the learned Amicus Curiae.
27 An issue has been thrown up whether the said bank/branch could be held liable/responsible for the financial loss suffered by the Court as account holder. In this suo motu proceedings itself, State Bank of India has denied liability and has filed its counter. It also appears that State Bank of India has availed Bankers’ Indemnity Insurance Policy from National Insurance Co. Ltd, Mumbai.
28 This Court is inclined to consider this issue as per the report of the learned Amicus Curiae and the denial of any liability by SBI separately and independently. Hence, this issue is relegated to be heard independently. The Chief
Nodal Officer and District Nodal Officers may have nothing to do with it. Hence, the proceedings are separated for this purpose and a date may be fixed for hearing the learned Amicus Curiae and State Bank of India later.
29 Directions:
1 It is made clear that the orders made herein shall be strictly complied with. Apart from the directions captured in the body of this order, as above, further specific directions are also captured for convenience of compliance. All the directions are to be adhered to by respective parties.
2 We postpone the final decision of Current Account v. Savings Bank account to be maintained by all MACTs in Tamil Nadu, to await the final verdict from the Supreme Court, for consideration and compliance.
3 We direct the Chief Nodal Officer and District Nodal Officers to scrupulously adhere to the observations and requirements in this order and file their final status reports on or before 10.02.2022 with data as of 31.01.2022 without fail to the Chief Nodal Officer, with their suggestions, if any, and as per template devised by this Court in the order dated
26.11.2021.
4 The Chief Nodal Officer and District Nodal Officers shall file report of compliance on all pending UTR numbers with matching MCOP numbers as of 31.01.2022. The Insurance Companies and Transport Corporations shall continue to make the deposits with UTR numbers and MCOP numbers, and send emails to the respective MACTs within 48 hours of deposit and copies marked to claimants/counsel, as well.
5 The Chief Nodal Officer shall, along with District Nodal Officers, compile a complete report of email IDs of each and every MACT in Tamil Nadu and Pondicherry and share the same with the learned Amicus Curiae who undertakes to share it with Insurance Companies and Transport Corporations, as always. The respective MACTs shall keep and maintain the email IDs alive at all times.
6 The Chief Nodal Officer and District Nodal
Officers are directed to consider and give their consolidated suggestion on identifying specific nationalised banks/branches in the vicinity of MACTs for making investment in fixed deposits to avoid deposits in innumerable banks/branches, etc. being used.
7 The Chief Nodal Officer and District Nodal
Officers are directed to submit their consensual suggestion on a consolidated MACT register – with a template – to be maintained for deposits of award sums, disbursements, etc.
8 The Chief Nodal Officer and District Nodal
Officers shall file their status reports on or before 10.02.2022 on status as of 31.01.2022 on the common template devised in the order dated 26.11.2021 of this Court, with their suggestions, if any.
9 The proceedings relating to the issue of liability, if any, of State Bank of India Pattukottai Branch, shall stand relegated to be heard and decided separately, on a date to be fixed after 10.02.2022.
30 A copy of this order may be sent by e-mail to all the District Nodal
Officers and the Director, Tamil Nadu State Judicial Academy.
The proceedings stand adjourned to 10.02.2022 at 4.00 p.m. The learned
Amicus Curiae undertakes to send copies to all stakeholders, as usual.
(P.N.P., J.) (A.Q., J.) 06.01.2022
cad
P.N. PRAKASH, J. and
ABDUL QUDDHOSE, J. cad
To
1 Mr. Sundararajan
Inspector of Police
CB-CID
Villupuram
2 Mrs. Dhanalakshmi
Inspector of Police
CB-CID
The Nilgiris
3 The Public Prosecutor
High Court of Madras
Chennai 600 104
Suo Motu W.P. No.12935 of 2021
06.01.2022