This judgment dismisses a writ petition seeking regularization of a housing loan account. The court found the One Time Settlement agreement was breached by the petitioner, making the petition infructuous.
Writ petition dismissed as infructuous due to non-compliance with the One Time Settlement schedule; no order as to costs.
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W.P.(MD) No.2152 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.04.2023
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
W.P.(MD) No.2152 of 2020 and W.M.P.(MD) Nos.1825 and 1826 of 2020
D.Murugesan
... Petitioner
/vs./
2.The Senior Manager, Indian Overseas Bank, Main Branch, No.1604, South Main Road, Thanjavur 613 009.
3.The Branch Manager, Indian Overseas Bank, Main Branch, No.1604, South Main Road, Thanjavur 613 009.
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W.P.(MD) No.2152 of 2020
4.T.R.Nandakumar
5.Vinod
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 and 3 to regularize the Petitioner's Housing Loan Account No.08803501200008 under Subhagruha Housing Loan Scheme as per compliance of the OTS letter dated 22.11.2019, by taking appropriate action against the Respondents No.4 and 5 on the basis of the petitioner's representation dated 23.01.2020 as per law within a time frame to be stipulated by this Court.
For Petitioner : Mr.P.Edin Brough For R1 to R3 : Mr.N.Dilipkumar Standing Counsel
ORDER
The above writ petition has been filed for the issue of a Writ of Mandamus directing the respondents 1 and 3 to regularize the petitioner's housing loan Account No.08803501200008 under Subhagruha Housing Loan Scheme as per the compliance of the OTS letter dated 22.11.2019, by taking appropriate action against the Respondents 4 and 5 on the basis of the petitioner's representation dated 23.01.2020.
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W.P.(MD) No.2152 of 2020
2.From the counter and the documents filed by the respondent Bank, it appears that the request for a One Time Settlement had been considering by the Bank on 22.11.2019, wherein they had agreed for the following schedule for remitting the sum of Rs.80,00,000/-.
“i) Rs.15,00,000/- was to be paid on or before 22.11.2019
ii) Rs.15,00,000- was to be paid on or before 03.12.2019
iii) Rs.50,00,000/- was to be paid on or before 31.12.2019”
3.It was also made clear that if any of the terms were not complied with, the
bank would proceed further with the actions. It was further agreed that on the payment of the One Time Settlement on or before 31.12.2019, the documents were to be handed over to the property owner, namely Mrs.S.Saroja Ammal, for which the petitioner himself has endorsed no objection.
4.In the light of the above, nothing survives for consideration in the above
writ petition and the Writ Petition is accordingly dismissed as infructuous.
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W.P.(MD) No.2152 of 2020
P.T.ASHA, J.
mm
However, there shall be no order as to costs. Consequently, connected
Miscellaneous Petitions are closed.
Speaking : Yes / No 05.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No
mm
W.P.(MD) No.2152 of 2020
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1 issue framed by the court
Whether the writ petition seeking regularization of housing loan under State Loan Scheme is maintainable given the One Time Settlement proposal and subsequent default.
1 provisions across 1 enactments
D. Murugesan
The Chief Manager, Indian Overseas Bank
The Senior Manager, Indian Overseas Bank
The Branch Manager, Indian Overseas Bank
T.R. Nandakumar
Vinod
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
