Petitioner sought a writ directing the respondent bank to consider a one-time settlement proposal for outstanding loan dues. The Court held loan terms are contractual matters not adjudicable via writ and refused the direction.
Pleas for direction to consider one-time settlement proposal rejected; writ petition disposed of with no costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
W.P.No.15043 of 2015 & M.P.No.1 of 2015 M/s.M.M.Industries Rep. by its Managing Partner Mr.R.Munuswamy, S.No.230/2 & 3, Vanapadi Road, Sipcot Industrial Complex, Ranipet - 632 403, Vellore District. ... Petitioner Vs. 1. The Assistant General Manager, State Bank of India, RASMECCC & SARC, No.97, 7th East Main Road, Gandhi Nagar, Vellore-6. 2. The Branch Manager, State Bank of India, Wallajha Branch, Vellore District. ... Respondents
Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus , directing the respondent to consider the petitioners representation dated 16.5.2015 and thereby direct the respondent to consider the petitioners one time settlement proposal for the arrears of installment loan amount in Account No.32311757325 granted by the respondent bank and till such time not to take any coercive steps against the petitioners company and pass suitable orders in accordance with law.
For Petitioner : Mr.B.Sundara Pandiyan For Respondents : Mr.R.Vigneshwaran [R1 & R2] O R D E R
The relief sought for the in the present writ petition is to direct the respondent to consider the representation submitted by the petitioner on 16.05.2015 and also to consider the one time settlement proposal submitted by the petitioner. https://hcservices.ecourts.gov.in/hcservices/
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
shr/ska
To
+1cc to Mr.R.Vigneshwaran, Advocate, S.R.No.5311
W.P.No.15043 of 2015 & M.P.No.1 of 2015
AJS(CO) https://hcservices.ecourts.gov.in/hcservices/ CT 15/02/2022
2 issues framed by the court
Whether the High Court can direct a bank to accept a one-time settlement proposal under Article 226 writ proceedings.
Whether terms and conditions of a loan contract are adjudicable in a writ petition.
1 provisions across 1 enactments
M/s. M.M. Industries
The Assistant General Manager, State Bank of India
The Branch Manager, State Bank of India, Wallajha Branch
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
