Akurathi Padma v. Idbi Bank, Retail Assets Center

HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.3721 of 2019 ORDER :

This writ petition is filed seeking Writ of Mandamus in not considering the representation dated 03.11.2018 of the petitioner or deletion of the name of co-applicant from housing loan obtained by the petitioner from IDBI Bank vide Loan Account No.447675100000480, dated 19.08.2010 and delete the name of Sri T. Chandra Sekhar as co-applicant from the Bank records, as arbitrary, illegal and unconstitutional, and consequently sought a direction to the Bank authorities to delete the name of T. Chandra Sekhar as co-applicant. It is the case of the petitioner that she has a joint Loan Account along with her husband as a co-applicant with the respondents-Bank pertaining to Housing Loan A/c.No.447675100000480.

Since the marital relationship with her husband could not subsist for a long, they got separated with each other through Court by way of a divorce decree dated 06.12.2014 in O.P.No.673 of 2012 passed by the Family Court, Ranga Reddy District at L.B. Nagar, Hyderabad. In pursuance of the said divorce decree, the petitioner made a representation dated 03.11.2018 to respondent No.2 requesting to delete the name of her husband as co-applicant in respect of the said Housing Loan Account. As respondent No.

TA, J W.P.No.3721 of 2019 orders on the said representation and the same is pending for a long time, the petitioner has filed the present writ petition. Heard learned counsel for the petitioner and perused the material on record.

Since no orders are passed on the representation dated 03.11.2018 submitted by the petitioner and the same is pending for a long time, this writ petition is disposed of directing respondents-Bank authorities to consider the representation dated 03.11.2018 submitted by the petitioner as per the procedure prescribed under the Banking Rules and pass appropriate orders in accordance with law, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order and communicate the said order to the petitioner. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

_______________________________ JUSTICE T. AMARNATH GOUD 22.04.2019.

NOTE: Issue C.C. in one week.

(B/O) Msr

TA, J W.P.No.3721 of 2019 HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.3721 of 2019 22.04.2019 Msr