The Madurai Bench of the Madras High Court dismissed a Writ Petition challenging a Bank's rejection of a claim for refund of penal interest. The Court held that it cannot adjudicate disputes arising from contractual obligations under Article 226.
Writ Petition dismissed; no order as to costs; 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.
W.P(MD)No.11089 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P(MD)No.11089 of 2011 and M.P(MD)No.1 of 2012
AAPL Infra Private Ltd., Corporate Office, “The Lord's Garden”, 1-12, Vilachery Main Road, Vilachery, Madurai-625 006. (Formerly known as M/s.Alphazone Advertisers Pvt.Ltd.,) ... Petitioner Vs.
1.The Union Bank of India, Madurai Main Branch, Post Box No.51, Rosary Building, Town Hall Road, Madurai-1, Through its Chief Manager.
2.The Regional Office, Union Bank of India, No.72, P.T.Rajan Road, Bibi Kulam, Maudrai-2.
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W.P(MD)No.11089 of 2011
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent in Ref.ADV/Alphazone/190 dated 25.11.2010 as confirmed by the 3rd respondent in Ref.BO (Chn)/11096/C-5901/2010-11 dated 11.04.2011 and consequently direct the 4th respondent herein, in Ref.CSD/BOS/50/13.23.13/2011-12 dated 05.07.2011 and quash the same and consequently direct the respondents 1 and 2 herein to refund the sum of Rs.6,99,035.92 deducted by the respondents 1 and 2 herein towards penal charge with interest payable thereon.
For Petitioner : Mr.S.Srinivasa Raghavan For R1 & R2 : Mr.T.Govindasamy For R3 : Mr.K.Ramamoorthy
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W.P(MD)No.11089 of 2011
ORDER
The present writ petition has been filed challenging an order of the
1st respondent rejecting the claim of the petitioner.
W.P(MD)No.11089 of 2011
15.12.2022
Index : Yes / No Internet : Yes / No
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W.P(MD)No.11089 of 2011
K.KUMARESH BABU,J.
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Order made in W.P(MD)No.11089 of 2011
Dated: 15.12.2022
2 issues framed by the court
Whether the High Court can decide a dispute arising out of a contractual obligation between the petitioner and the bank under Article 226 of the Constitution.
Whether the Writ Petition challenging the rejection of claim for penal interest is maintainable.
AAPL Infra Private Ltd.
Union Bank of India
Office of the Banking Ombudsman
The Appellate Authority for Banking Ombudsman
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
