The Madurai Bench of the Madras High Court dismissed a writ petition filed under Article 226 seeking a mandatory direction to the Bank of Baroda to grant a six-month grace period for loan settlement via an on-going transaction (OTS) scheme. The court ruled it lacked authority to pass the sought orders due to a binding Supreme Court precedent.
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.1146 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2022 CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.1146 of 2022 and W.M.P.(MD).No.967 of 2022
T.Kannadasan ... Petitioner
Vs.
1.The Regional Manager, Bank of Baroda, Aparna Towers,
2, 3 By-pass Road,
Ponmeni, S.S.Colony,
Madurai District.
2.The Branch Manager,
Bank of Baroda, Aruppukottai Branch, Virudhunagar District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the second respondent to grant grace period of six months to settle my loan accounts by giving opportunity of OTS to the petitioner on the basis of the petitioner's representation dated 08.11.2021 submitted to the respondents in accordance with law.
For Petitioner : Mr.M.Sankar For Respondents : Mr.Pethu Rajesh, Standing Counsel.
ORDER
This Court has no authority to pass necessary orders as sought by the petitioner in view of the binding precedent of the Hon'ble Supreme Court in The Bijnor Urban Co-operative Bank Limited Vs. Meenal Agarwal and Others in Civil Appeal No.7411 of 2021 by judgment dated 15.12.2021 .
Assistant Registrar (T&P)
/ /2022 Sub Assistant Registrar(CS)
Nsr
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W.P.(MD).No.1146 of 2022
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
W.P.(MD).No.1146 of 2022 25.01.2022
RK(09/02/2022) 2P 2C
2/2
2 issues framed by the court
Whether the High Court can entertain a writ petition seeking a grace period for loan settlement and opportunity to settle on-going transaction (OTS) in light of a binding Supreme Court precedent.
Whether the court has authority to pass orders granting a six-month grace period for loan settlement.
Colour shows how this judgement treated each authority
The Bijnor Urban Co-operative Bank Limited Vs. Meenal Agarwal and OthersFollowed¶15
The Bijnor Urban Co-operative Bank Limited Vs. Meenal Agarwal and Others in Civil Appeal No.7411 of 2021 by judgment dated 15.12.2021
1 provisions across 1 enactments
T. Kannadasan
The Regional Manager, Bank of Baroda, Aparna Towers, 2, 3 By-pass Road, Ponmeni, S.S. Colony, Madurai District
The Branch Manager, Bank of Baroda, Aruppukottai Branch, Virudhunagar District
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
