Disposed

Rajkumar a v. The District Collector

Madras HC1 Feb 2023WP(MD)/1926/2023

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench disposed of two writ petitions involving a loan regularization dispute. The court directed the petitioner to pay the bank liability in four installments totaling Rs. 70 lakhs over two years. Pending full payment, the bank was restrained from taking coercive action. Failure to pay would allow the bank to proceed legally.

What did the court decide?

Directed petitioner to pay Rs. 45 lakhs (first two installments) in two months and remaining Rs. 25 lakhs in next two months before specific dates; restrained respondent bank from coercive action unti

Rajkumar a Vs The District Collector — Execution and Attachment | Madras HC (2023)

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.02.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

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and

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022 and W.M.P.(MD)No.8425 of 2022

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A.Raj Kumar

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... Petitioner in

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W.P.(MD)No.1926 of 2023

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1.A.Raj Kumar 2.A.Vengattammal 3.R.Divya 4.Sree Alagar Indane Agencies, Rep. By its Proprietor A.Rajkumar, No.5, Veera Raghava Perumal Street, Thirunagar 5^th Stop, Madurai – 625 006.

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... Petitioners in W.P.(MD)No.11861 of 2022

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Vs.

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1.The District Collector, Madurai.

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https://www.mhc.tn.gov.in/judis

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2.The Authorized Officer, Cholamandalam Investment & Finance Co. Ltd., No.2/3 GV Tower, 3^rd Floor, Kochadai, Melakal Main Road, Madurai – 625 016.

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022

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... Respondents in W.P.(MD)No.1926 of 2023

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1.The Chief Judicial Magistrate, Madurai.

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2.Cholamandalam Investment & Finance Co. Ltd., Rep. by Authorized Officer, Thiyagu Neelamegam, S/o.Neelamegam, Dare House No.2, N.S.C.Bose Road, Parrys, Chennai – 600 001.

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... Respondents in W.P.(MD)No.11861 of 2022

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Prayer in W.P.(MD)No.1926 of 2023 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1^st respondent to consider the petitioner's representation dated 22.12.2022 within the time stipulated by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022

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Prayer in W.P.(MD)No.11861 of 2022 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order made by the first respondent in Cr.M.P.No.218 of 2022, dated 05.04.2022 and quash the same as illegal and consequently direct the respondents not to take possession or auction the petitioner's property.

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W.P.(MD)No.1926 of 2023

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For Petitioner : Mr.A.Raj Kumar [Party-in-Person] For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1 Mr.P.Pethurajesh, Standing Counsel for R2

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W.P.(MD)No.11861 of 2022

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For Petitioners : Mr.B.Narayan Ram For Respondents : Mr.P.Pethurajesh, Standing Counsel for R2 R1 - Court

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Page 3 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022

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COMMON ORDER

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[Order of the Court was made by D.KRISHNAKUMAR, J.]

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The petitioner has filed this Writ Petition in W.P.(MD)No.1926 of 2023, seeking for issuance of a Writ of Mandamus, directing the 1^st respondent to consider his representation dated 22.12.2022, within a time frame.

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2. Challenging the order passed by learned Chief Judicial Magistrate, Madurai, in Cr.M.P.No.218 of 2022, dated 05.04.2022, the petitioners have filed another Writ Petition in W.P.(MD)No.11861 of 2022.

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3 . At the time of admission, this Court has passed the conditional interim order in W.P.(MD)No.11861 of 2022, dated 14.06.2022 and the said order has been complied with by the petitioner. The learned counsel for the petitioner submits that the petitioner is ready to pay a sum of Rs.44,98,348/- in two installments, to regularize his account and he has filed an undertaking affidavit to that effect.

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022

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4. The learned counsel appearing for the 2^nd respondent – Bank submitted that the petitioner has to pay a sum of Rs.70 lakhs as principal amount to regularize his account.

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5. After the submissions made by the 2^nd respondent – Bank, the petitioner, who appeared in party-in-person, has agreed to pay a sum of Rs.45 lakhs in two consecutive equal monthly installments and thereafter, to pay the remaining amount of Rs.25 lakhs in two consecutive equal monthly installments, for which the learned counsel for the 2^nd respondent – Bank has agreed.

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6. Recording the aforesaid submissions made by both sides, we direct the petitioner to pay a sum of Rs.45 lakhs in two consecutive equal monthly installments and thereafter, pay the remaining amount of Rs.25 lakhs in two consecutive equal monthly installments. The first installment shall be paid on or before 02.03.2023 and the subsequent three installments shall be paid on or before the 2^nd day of every English Calender Month. Till such time, the 2 nd respondent - Bank shall not take any coercive action against the petitioner. If the

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022

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petitioner fails to make payment in any one of the above installments, the 2 nd respondent - Bank is at liberty to proceed further in accordance with law.

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7 . With the above direction, these Writ Petitions are disposed of. No

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costs. Consequently, connected miscellaneous petition is closed.

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[D.K.K., J.] [R.V., J.] 01.02.2023 NCC : Yes / No Index : Yes / No

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vsm

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022

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1.The District Collector, Madurai.

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2.The Authorized Officer, Cholamandalam Investment & Finance Co. Ltd., No.2/3 GV Tower, 3^rd Floor, Kochadai, Melakal Main Road, Madurai – 625 016.

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3.The Chief Judicial Magistrate, Madurai.

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4.Cholamandalam Investment & Finance Co. Ltd., Rep. by Authorized Officer, Thiyagu Neelamegam, S/o.Neelamegam, Dare House No.2, N.S.C.Bose Road, Parrys, Chennai – 600 001.icer, Elumalai Town Panchayat, Ward No.7, Perumalapatti Road, Elumalai.

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Page 7 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022

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D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.

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vsm

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W.P.(MD)Nos.1926 of 2023 & 11861 of 2022

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01.02.2023

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https://www.mhc.tn.gov.in/judis

Rajkumar a v. The District Collector

Case brief

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Rajkumar a v. The District Collector

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