M/S. Jey Yes Builders v. The Senior Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.3271 OF 2022 M/s. Jey Yes Builders Rep. by its Authorised Signatory A.Yacoob Ali Plot No.188, 4th Cross Street Sadasivam Nagar, Madipakkam Chennai 600 091.
.. Petitioner Vs.
The Senior Manager Canara Bank No.375, Anna Salai Saidapet Chennai 600 015.
.. Respondent Prayer:
Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus to call for the records of the respondent Bank and quash the email letter dated 22.11.2021 and consequently, forbear the respondent from taking any further steps pursuant to the impugned email letter dated 22.11.2021 and consequently, direct the respondent bank to deliver the title deeds and security documents after cancelling the mortgage.
For the Petitioner : Mr.K.Mohamed Hussen For the Respondent : Mr.V.Kathirvelu
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed challenging the e-mail letter dated 21.11.2021, by which, the respondent bank asked the https://hcservices.ecourts.gov.in/hcservices/
petitioner to pay the full contractual amount, as, the OTS proposal, earlier accepted by the Senior Manager of the bank, was not accepted by the competent authority.
2. It is a case where the petitioner approached the bank for one time settlement and the Senior Manager of its Saidapet Branch had accepted the proposal. But, according to learned counsel for the bank, the Senior Manager is not the competent authority to accept the one time settlement. Thus, the one time settlement was not accepted by the competent authority and accordingly, the petitioner was asked to pay the full contractual amount. The petitioner should have approached the competent authority for one time settlement.
3. In view of the facts given above, we do not find any error in the order under challenge. However, this petition is disposed of with liberty to the petitioner to approach the competent authority for one time settlement, if it so desires. It would be expected from the competent authority to consider the proposal of the petitioner for one time settlement sympathetically, but as per Rules. There will be no order as to costs. Consequently, W.M.P.No.3405 of 2022 is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kpl/drm To The Senior Manager Canara Bank, No.375, Anna Salai Saidapet, Chennai 600 015.
+1cc to Mr.K.Mohamed Hussen, Advocate, S.R.No.13331 W.P.No.3271 of 2022 NMI(CO) PM/07/03/2022 https://hcservices.ecourts.gov.in/hcservices/