G.Balasubramaniam v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.2021 of 2021 G.Balasubramaniam ...

Petitioner Vs.

The Authorised Officer M/s. Canara Bank Karumathampatti Branch Door No.153-A & 2, Somanour Main Road Karumathampatti Coimbatore 641 659.

...

Respondent Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent Bank to grant six months time to the petitioner to re-pay the outstanding loan liability based on full and final settlement letter accepted by the respondent bank dated 03.09.2020. For Petitioner : Mr.D.Udhayasuriyan

ORDER

(Made by the Hon'ble Chief Justice) The petitioner seeks a writ in the nature of mandamus to command a nationalised bank to accept a one-time settlement.

2. It is elementary that the Court cannot issue a writ as sought as it is up to the Bank, particularly in a commercial transaction, to decide on how to deal with its constituents. The writ petition is utterly misconceived and is not entertained.

3. W.P.No.2021 of 2021 is dismissed. There will be no order as to costs. As a consequence, WMP No.2290 of 2021 is also dismissed.

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4. However, this order will not preclude the Bank from settling the dues with the petitioner.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpl To The Authorised Officer M/s. Canara Bank Karumathampatti Branch Door No.153-A & 2, Somanour Main Road Karumathampatti Coimbatore 641 659.

+1 cc to M/s.R.Shanmugam, Advocate Sr.No. 5308 W.P.No.2021 of 2021 SRM(CO) RMP(16/02/2021) https://hcservices.ecourts.gov.in/hcservices/