Disposed

Selvaraj v. The Branch Manager

Madras HC28 Oct 2024WP(MD)/25961/2024

Case brief

AI extract

What is this about?

This judgment in a writ petition under Article 226 directed the first respondent bank to consider the petitioner's representation regarding the de-freezing of accounts and discharge of a gold jewel loan. The Court set a three-week deadline for the bank to pass orders on merits without prejudicing the bank's rights.

What did the court decide?

Direction to the Branch Manager, Canara Bank to consider petitioner's representation for de-freezing accounts and clearing loan, passing orders on merits within three weeks.

Selvaraj Vs The Branch Manager — Banking and Recovery | Madras HC (2024)

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W.P.(MD)No.25961 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 28.10.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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W.P.(MD)No.25961 of 2024 and W.M.P.(MD)No.22028 of 2024

Selvaraj

... Petitioner

/Vs./

1.The Branch Manager, Canara Bank, Kuzhithurai Branch, Kuzhithurai, Kanyakumari District.

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2.The Inspector of Police, PEW-Thuckalay Police Station, Thuckalay, Kanyakumari District. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 st respondent to de-freeze the petitioner's account No.0960101020715 and Gold Jewel Loan Account bearing No.180336344551 maintained in the 1 st respondent bank by

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

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W.P.(MD)No.25961 of 2024

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considering the petitioner's representation dated 16.10.2024 within a time frame that may be fixed by this Court.

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For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.C.Deepak (R1) Standing Counsel Mr.Vaikkam Karunanithi (R2) Government Advocate

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ORDER

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This writ petition has been filed for a mandamus, seeking for a direction to the first respondent to defreeze the petitioner’s bank account bearing No. 0960101020715 and gold jewel loan account bearing No. 180336344551 maintained by the petitioner with the first respondent bank, based on the petitioner’s representation dated 16.10.2020 within a time frame to be fixed by this Court.

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2. Heard Mr.S.C.Herold Singh, learned counsel appearing for the

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petitioner, Mr.C.Deepak , learned standing counsel appearing for the first

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

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W.P.(MD)No.25961 of 2024

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respondent, and Mr.Vaikkam Karunanithi, learned Government Advocate appearing for the second respondent.

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3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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4. The petitioner claims that he is innocent and therefore, his bank account cannot be freezed by the first respondent and he should also be permitted to discharge his gold jewel loan account. The petitioner has given a representation on 16.10.2024 to the first respondent for the aforementioned purpose. Since the representation has not been considered, he has filed this writ petition.

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5. No prejudice will be caused to the first respondent bank, if the petitioner’s representation seeking for de-freezing his bank account and for discharging of his gold jewel loan account, on payment of the outstanding amount due to the first respondent bank is considered on merits and in accordance with law, within a time frame fixed by this Court.

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

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W.P.(MD)No.25961 of 2024

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6. This Court is not expressing any opinion on the merits of the petitioner’s representation. It is for the first respondent to consider the petitioner’s representation on merits.

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7. For the foregoing reasons, this Court directs the first respondent

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to pass final orders on merits and in accordance with law, on the petitioner’s representation dated 16.10.2024 seeking for de-freezing his bank account bearing no. 0960101020715 maintained with the first respondent bank and for discharging of his gold jewel account bearing account no. 180336344551 on payment of the outstanding amount due to the first respondent bank, within a period of three weeks from the date of receipt of a copy of this order.

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8. With the aforesaid direction, this writ petition is disposed of.

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No costs. Consequently, connected miscellaneous petition is closed.

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28.10.2024

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Index : Yes / No NCC : Yes / No sm

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

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W.P.(MD)No.25961 of 2024

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TO:-

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1.The Branch Manager, Canara Bank, Kuzhithurai Branch, Kuzhithurai, Kanyakumari District.

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2.The Inspector of Police, PEW-Thuckalay Police Station, Thuckalay, Kanyakumari District.

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

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W.P.(MD)No.25961 of 2024

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ABDUL QUDDHOSE, J.

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Order made in W.P.(MD)No.25961 of 2024

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Dated: 28.10.2024

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Selvaraj v. The Branch Manager

Case brief

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Selvaraj v. The Branch Manager

Case brief

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