Dismissed

Dr.J.Thanga Rani Jerobiah v. the Regional Manager

Madras HC17 Apr 2017WP(MD)/1160/2017

Case brief

AI extract

What is this about?

In a writ petition under Article 226 seeking a writ of mandamus to direct the Indian Overseas Bank to disburse pending education loan amounts for completed academic years, the Court dismissed the petition. The Court held that the bank had not promised reimbursement for periods already completed and that the questions of law and fact stood resolved in favor of the bank.

What did the court decide?

Writ of mandamus praying for direction to disburse education loan amounts for completed years of study was dismissed.

Dr.J.Thanga Rani Jerobiah Vs the Regional Manager — Banking and Recovery | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED 17.04.2017

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CORAM

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THE HONOURABLE MR.JUSTICE V.PARTHIBAN

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W.P(MD)No.1160 of 2017

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Dr.J.Thanga Rani Jerobiah ..Petitioner

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1.The Regional Manager, Indian Overseas Bank, Regional Office, Nagercoil, Kanyakumari District.

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2.The Branch Manager, Indian Overseas Bank, Verkilambi Branch, Verkilambi, Kanyakumari District. ..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents herein to dispose of the representation dated 5.10.2016 relating to the disbursement of the Education loan amount of Rs.3,49,700/- towards second year and third year tuition fee and exam fee for her MD Course(Homeopathy) Psychiatry course in Vinayaka Mission Homeopathic Medical College and Hospital at Salem.

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For Petitioner :M/s.S.Sethuraman

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For Respondents :Mr.N.Dilipkumar

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ORDER

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The Petitioner has approached this Court seeking issuance of a Writ of Mandamus directing the respondents herein to dispose of the representation, dated 5.10.2016 relating to the disbursement of the Education loan amount of Rs.3,49,700/- towards second year and third year tuition fee and exam fee for her MD Course (Homeopathy) Psychiatry course in Vinayaka Mission Homeopathic Medical College and Hospital at Salem.

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https://hcservices.ecourts.gov.in/hcservices/

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2.On notice, the respondents entered appearance through their

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counsel and filed their counter affidavit.

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3.According the counter affidavit, it is stated that the

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Petitioner having approached the bank only when she was doing third year and for the said year, the loan amount was already sanctioned. Hence, it was not feasible to sanction loan for the second year which had already undergone by the Petitioner, for which she had applied for the loan, as per paragraph 6 of the counter affidavit filed by the respondents/bank, which is extracted below:

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''6.Insofar as the contention in Paragraph 4, it

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is submitted that the Petitioner submitted her loan application only on 11.11.2016 seeking educational loan for two years. Petitioner was explained in clear terms that the Bank was in a position to sanction loan pertaining to her third year of study alone since already 2 academic years were successfully completed by her prior to approaching the Bank for educational loan. Accordingly, on execution of loan documents by the Petitioner, she was sanctioned a loan of Rs.1.59 lakhs to meet out the expenses pertaining to her third year of study and her other allegations and contentions are denied as false and incorrect..The borrower at no point of time, was promised educational loan by the Respondent/Bank towards reimbursement to the periods which were already completed by her.''

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4.According to the contentions in the above paragraph, it is clearly mentioned that since the Petitioner had successfully completed two years, the question of granting loan for the second year does not arise.

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5.In view of the categorical statement made by the respondents/bank in the counter affidavit filed, I do not think that the prayer in the Writ Petition can be granted.

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6.In such circumstances, this Writ Petition is dismissed as devoid of merits. No costs.

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Sd/-

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Assistant Registrar(CS-I)

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/True Copy/

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Regional Manager, Indian Overseas Bank, Regional Office, Nagercoil, Kanyakumari District.

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2.The Branch Manager, Indian Overseas Bank, Verkilambi Branch, Verkilambi, Kanyakumari District. +1cc to Mr.N.DILIP KUMAR Advocate in SR. No.52380

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VSN

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JS/JC/3.05.2017/3P-4C

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W.P(MD)No.1160 of 2017

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17.04.2017

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https://hcservices.ecourts.gov.in/hcservices/

Dr.J.Thanga Rani Jerobiah v. the Regional Manager

Case brief

What is this about?

What did the court decide?

Dr.J.Thanga Rani Jerobiah v. the Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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