Disposed

Edwin.K v. The Branch Manager

Madras HC9 Jun 2022WP(MD)/5251/2022

Case brief

AI extract

What is this about?

A writ petition filed under Article 226 of the Constitution to direct the respondent bank to accept a proposal regarding loan repayment. The court noted the petitioner was a borrower who had defaulted and sought to regularize salary deductions. The court held that the writ may not be maintainable as there was a pending related matter before a Division Bench, leaving the issue entirely to the bank'

What the court decided

AI extract

Edwin.K Vs The Branch Manager — Banking and Recovery | Madras HC (2022)

¶1

W.P.(MD)No.5251 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2022 CORAM

¶3

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5251 of 2022

K.Edwin

... Petitioner

Vs.

The Branch Manager, Indian Overseas Bank, Marthandam Branch, First Floor, PPM Complex, Main Road Marthandam, Kanyakumari District, Tamil Nadu-629 165. ... Respondent

¶8

Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 01.03.2022 and thereby direct the respondent to accept his proposal to recover his monthly salary of Rs.30,000/- for the repayment of loan account in 14080335140017 and 1408038111300025 after regularizing the same.

¶9

For Petitioner : Mr.G.Cenil For Respondent : Mr.N.Dilipkumar

¶10

O R D E R

¶11

Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent bank.

¶12

The petitioner is a borrower. He had committed default. The bank took action under SARFAESI Act. The petitioner challenged the same before DRT and later, before the Hon'ble Division Bench in this regard in W.P.(MD)No.10542 of 2022. He had obtained some conditional interim order. In such circumstances, this writ petition may not even be maintainable. However, it is for the respondent to consider the petitioner's request and take appropriate action on his representation. It is not for this Court to issue any writ of mandamus.

¶13

Leaving open the matter entirely to the discretion of the respondent, the Writ Petition is disposed of. No costs.

¶14

Sd/-

¶15

Assistant Registrar (AS)

¶16

// True Copy //

¶17

/ /2022 Sub Assistant Registrar(CS)

¶18

rmi

¶19

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

¶20

1/2

¶21

W.P.(MD)No.5251 of 2022

¶22

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-25126[F] dated 10/06/2022 )

¶23

+1 CC to M/s.G.CENIL, Advocate ( SR-25297[F] dated 13/06/2022 )

¶24

W.P.(MD)No.5251 of 2022 09.06.2022

¶25

SB (CO) GC(17.06.2022) 2P 3C

¶26

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

¶27

2/2

Edwin.K v. The Branch Manager

Case brief

What is this about?

What the court decided

Edwin.K v. The Branch Manager

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nalluthevar Vs the District Collector

Balamurali Vs Latha

Devendrakula Vellalar Kudiruppu Nala Sangam, Vs The State of Tamil Nadu

Centre for the Educare and Research Charitable Trust Vs the Principal Secretary to Government of Tamilnadu

Kesavan.a Vs the Executive Engineer

Jeyakumar Vs The District Collector