The Madurai Bench dismissed a writ petition filed by a loan defaulter seeking a direction to adjust subsidy interest, grant one-time settlement, and return title deeds. The court held the petition was an attempt to stall SARFAESI Act proceedings.
Writ petition dismissed; no costs awarded; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.[MD].No.5008 of 2017
and W.M.P.(MD).No.4043 of 2017
M. Samuthirapandi : Petitioner
Vs.
1.The Authorised Officer, State Bank of India, Sholavanthan Branch, No,46, Big Bazar Street, Sholavanthan, Vadipatti Taluk, Madurai – 625 214.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other order, or direction in the nature of Writ directing the respondents to consider the claim of the petitioner to adjust the interest for the subsidy amount for the period from 02.08.2011 to 15.10.2014 in the loan account and grant one time settlement and to return the title deeds of the petitioner within the time period stipulated by this Hon'ble Court.
For Petitioner : M/S. T. Lajapathi Roy For Respondents : Mr.N. Dilip Kumar,
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM, J.]
Heard Mr.T.Lajapathi Roy, learned counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/ petitioner and Mr.N.Dilip Kumar, learned Standing Counsel appearing for the respondents.
2
Sd/-
Assistant Registrar(Records) /True Copy/
Sub Assistant Registrar
+1CC to M/S.N.Dilipkumar, Advocate, SR.No. 17940
ORDER MADE IN W.P.[MD].No.5008 of 2017
NB
AM/SV MMS/05.04.2017/2P/2C
3 issues framed by the court
Whether the High Court should issue a writ of mandamus directing the bank to adjust interest on subsidy, grant one-time settlement, and return title deeds to a loan defaulter.
Whether the petitioner's claim for interest adjustment on subsidy amount constitutes a valid ground to stall proceedings under the SARFAESI Act.
Whether the bank is legally obligated to adjust interest on back-end subsidies in a separate zero-interest account immediately.
2 provisions across 2 enactments
M. Samuthirapandi
The Authorised Officer, State Bank of India, Sholavanthan Branch
The Branch Manager, State Bank of India, Sholavanthan Branch
T.S. Sivagnanam
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
