Dismissed

K.Pramila, v. The Regional Manager

Madras HC4 Apr 2018WP/7691/2018

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking a direction to a bank to consider her representation regarding an overdue educational loan. The court rejected the plea, holding that failure to repay an education loan due to financial crisis is not a valid ground for seeking judicial relief to waive interest. The petition was dismissed.

What did the court decide?

Writ of Mandamus directed against the bank to consider the representation was not granted.

K.Pramila, Vs The Regional Manager — Banking and Recovery | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.04.2018

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

W.P.No.7691 of 2018

K.Pramila

.. Petitioner

-vs-

The Regional Manager Corporation Bank Whites Road Chennai 600 014

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The Branch Manager Corporation Bank Kaveripakkam Branch No.21, Banavaram Main Road Kaveripakkam Vellore District .. Respondents

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Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pass appropriate orders on petitioner's representation dated 08.03.2018 relating to the educational loan account No.CVDIU/01/110013 on the file of the second respondent within a stipulated time.

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For Petitioner :: Mr.C.Prabakaran

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ORDER

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This writ petition has been filed seeking a mandamus to the respondents to pass appropriate orders on the petitioner's representation dated 08.03.2018 relating to the educational loan account No.CVDIU/01/110013 on the file of the second respondent within a stipulated time.

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Learned counsel for the petitioner submitted that the petitioner along with her son K.Akila Sai Goutham obtained an educational loan for pursuing her son's B.E.Mechanical Engineering course for the period 2011-2015 from the Corporation Bank, Kaveripakkam Branch, Vellore District, the second respondent herein and a sum of Rs.1,78,000/- was disbursed in the educational loan account No.CVDIU/01/110013. But due to the

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

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financial crisis prevailed in the family, the petitioner was unable to repay the instalments of the educational loan, as a result the second respondent bank issued a demand notice on 24.1.2017 as if the petitioner's account was declared as NPA on 22.8.2016 itself with a direction to the petitioner to pay a sum of Rs.2,11,907/- towards principal and interest. In view thereof, the petitioner approached the respondents on 15.12.2017 with a request to waive the interest and penal interest so that she will be able to repay the loan amount on instalment basis. The said representation, till date, has not been considered. Therefore, a direction is sought for.

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This Court is unable to entertain the writ petition. The reason is that when the petitioner approached the second respondent seeking educational loan for pursuing her son's B.E.Mechanical Engineering course for the year 2011-2015 and also obtained a loan of Rs.1,78,000/-, it is her bounden duty to repay the amount as per the terms and conditions along with interest. Therefore, after availing the loan amount, she cannot say that she is unable to repay the interest. Hence, finding no merits, this writ petition is dismissed. Consequently, W.M.P.No.9594 of 2018 is also dismissed. Sd/Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ss To 1. The Regional Manager Corporation Bank Whites Road Chennai 600 014

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The Branch Manager
Corporation Bank
Kaveripakkam Branch
No.21, Banavaram Main Road
Kaveripakkam, Vellore District.
+1cc to Mr.C.Prabakaran, Advocate Sr.No.25040/18
VBA(CO)
sm:17.4.2018

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W.P.No.7691 of 2018

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

K.Pramila, v. The Regional Manager

Case brief

What is this about?

What did the court decide?

K.Pramila, v. The Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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