This writ petition by a manufacturing unit against a bank was disposed of by consent. The court directed the respondent bank to consider the petitioner's representation on merits within two weeks for loan restructuring.
Respondent directed to consider petitioner's representation on merits and restructure loan within two weeks.
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 : 16.08.2018
CORAM: THE HONOURABLE MR.JUSTICE T.RAJA AND
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P(MD)No.17638 of 2018
M/s.Ess Ess Tool Room Services, represented by its Partner, P.S.Karthic. ... Petitioner Vs.
The Chief Manager and Authorised Officer, Andhra Bank, No.26, Warners Road, Cantonment, Trichy. ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus to direct the respondent herein to consider the representation of the petitioner dated 26.02.2018 and consequently, the respondent bank to restructure the petitioner unit Account OCC No.177513100000034 and Term Loan No.177530100008878.
For Petitioner : Mr.K.Asok Kumar Ram For Respondent : Mr.Pala.Ramasamy
ORDER
By consent, the writ petition is taken up for final disposal.
2
Sd/-
Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar(CS-II)
+1cc to Mr.K.Asok Kumar Ram, Advocate Sr.No.78920 +1cc to Mr.Pala.Ramasamy, Advocate Sr.No.79177
RSB
VB/KAK/SAR2/03.09.2018/2P/3C
W.P(MD)No.17638 of 2018 16.08.2018
3 issues framed by the court
Whether the respondent bank is directed to consider the petitioner's representation on merits to restructure the loan.
Whether a writ of Mandamus can be issued to direct the bank to consider the proposal for loan restructuring.
Whether the petitioner is required to show cause against the demand notice issued under the SARFAESI Act.
M/s. Ess Ess Tool Room Services
The Chief Manager and Authorised Officer, Andhra Bank
T. Raja
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
