The Madras High Court dismissed a writ petition challenging the non-issuance of a one-time settlement under an RBI scheme. The court held that where the bank initiated action under the SARFAESI Act and the remedy lies under that statute, the writ court will not entertain the matter.
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.22739 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.22739 of 2023
and
W.M.P.(MD).Nos.18993 and 23258 of 2023
1.N.Lakshmi
2.K.Sree Kumar .. Petitioners
Vs.
2.The Managing Director, Manapuram Home Finance Limited, Office at IV/470A, (Old) W/638A, (New), Manapuram House, Vth Floor, Valapad, Kerala 680 567. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to settle the loan of the petitioner in loan account No.C090COLNS000005002373 granting one time settlement under the RBI Guidelines on one time settlement scheme
Page 1 of 4
W.P.(MD).No.22739 of 2023
and permit them to remit the balance due amount as per settlement that will be arising under the one time settlement scheme.
For Petitioners : Mr.S.Titus For R-1 : Mr.S.Ramasamy
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The relief sought for in the present Writ Petition is to direct the
respondents to settle the loan in Loan Account
No.C090COLNS000005002373 granting one time settlement under the RBI Guidelines on one time settlement scheme and permit them to remit the balance due amount as per settlement that will be arising under the one time settlement scheme. The relief as such sought for in the present Writ Petition is misconceived.
Page 2 of 4
W.P.(MD).No.22739 of 2023
(S.M.S.,J.) (L.V.G.,J.) 18.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
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W.P.(MD).No.22739 of 2023
S.M.SUBRAMANIAM,J. and L.VICTORIA GOWRI,J.
Lm
W.P.(MD).No.22739 of 2023
18.12.2023
Page 4 of 4
3 issues framed by the court
Whether a writ petition seeking one-time loan settlement under RBI guidelines is maintainable when no notice or order under the SARFAESI Act was served on the petitioners.
Whether the petitioners are required to pursue remedies before the Debts Recovery Tribunal or competent court instead of filing a writ petition.
Whether the High Court can entertain a writ petition where the relief sought involves settlement of a financial dispute subject to a specific statutory regime.
3 provisions across 3 enactments
1.N.Lakshmi
2.K.Sree Kumar
1.The Branch Manager, Manapuram Home Finance Limited
2.The Managing Director, Manapuram Home Finance Limited
S.M.SUBRAMANIAM
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
