Writ petition alleging illegal credit-card dues recovery by the bank; counsel for the petitioner submitted that the dues had been settled and nothing survived for adjudication. The court recorded the submission and closed the writ petition with no costs.
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.No.4136 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2024
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P.No.4136 of 2022
A.K.Nawaz
... Petitioner
Vs.
1.The Honourable Ombudsman, C/o. Reserve Bank of India, Fort Glacis, Chennai – 600 001.
2.The Manager, ICICI Bank Limited, Arihant Insight, Ambattur, Ambattur Industrial Estate, Chennai – 600 058. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to take action against 2nd respondent to follow the due process of law, regarding collection of loan amount, as guided by Reserve Bank of India forthwith petitioner complaint dated 07.01.2022.
For Petitioner : Mr.M.Govindarajan For Respondents : No appearance [R1] M/s.V.Velvizhi for M/s.S.Vasudevan [R2]
Page No.1 of 4
W.P.No.4136 of 2022
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 1st respondent to take action against 2nd respondent to follow the due process of law, regarding collection of loan amount, as guided by Reserve Bank of India forthwith petitioner complaint dated 07.01.2022.
2. The case of the petitioner is that, he used the credit card and
repaid an amount to the 2 nd respondent. Due to pandemic situation, the petitioner met a heavy financial crises and unable to repay the credit card amount to the 2 nd respondent in time. However, the 2 nd respondent, without following the due process of law, had adopted illegal methods to recover the amount from the petitioner. Aggrieved by the same, the present writ petition has been filed.
3. When the matter is taken up for heaering, learned counsel appearing for the petitioner submits that, the dues towards the 2 nd respondent bank has been settled by the petitioner. Hence, he submitted that nothing survives for adjudication in this matter.
Page No.2 of 4
W.P.No.4136 of 2022
4. Recording the above submission, this writ petition is closed.
No costs.
Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp
06.09.2024 (2/2)
To
1.The Honourable Ombudsman, C/o. Reserve Bank of India, Fort Glacis, Chennai – 600 001. 2.The Manager, ICICI Bank Limited, Arihant Insight, Ambattur, Ambattur Industrial Estate, Chennai – 600 058.
Page No.3 of 4
W.P.No.4136 of 2022
M.DHANDAPANI, J.
sp
W.P.No.4136 of 2022
06.09.2024 (2/2)
Page No.4 of 4
1 issue framed by the court
Whether the Ombudsman should be directed to act on the petitioner's complaint regarding alleged illegal loan recovery methods by the bank?
1 provisions across 1 enactments
A.K.Nawaz
The Honourable Ombudsman, C/o. Reserve Bank of India, Chennai
The Manager, ICICI Bank Limited, Ambattur, Chennai
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
