M.Natarajan, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18/6/2018 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition No.9364 of 2018
1. M. Natarajan
2. Tmt. Velvizhi.
...
Petitioners Vs
1. The Managing Director Indian Bank Corporate Office Royapetta Chennai.
2. The Chief Manager/Authorised Officer Indian Bank, Zonal Office Gandhi Road Kancheepuram 631 501.
Kancheepuram District.
3. The Branch Manager Indian Bank Anupuram Township Branch Near Bhavini Gate Sadras Main Road Neikuppi Village Vengampakkam Post Kancheepuram District.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus to direct the respondents to consider the petitioners representation dated 11/12/2017 and thereby direct the respondents to waive the educational loan availed by the petitioner towards his son's Higher Education (M.B.B.S) in Loan Account No.959175006 on the file of the third respondent bank and return the title deeds which was deposited by them.
For petitioners ...
Mr.A. Rajesh Kanna For respondents ...
Ms.D.Tamilselvi for Ms.S.R.Sumathi
O R D E R
(Order of the Court was made by S.MANIKUMAR, J) Parents have availed educational loan, for their son's higher education (M.B.B.S), in Loan Account No.959175006, from the third respondent, Indian bank. They could not repay. Hence, made a representation, dated 11/12/2017, seeking to waive the educational loan and to return the title deeds deposited by them.
2. Considering the limited prayer, on 17/4/2018, we directed the writ petition to be placed, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, on 28/4/2018.
3. Reverting, Mr.A.Rajesh Kanna, learned counsel for the petitioner and Ms.D.Tamil Selvi, learned counsel for the Bank submitted that through successful mediation, the dispute has been settled. Pursuant to Mediation, parties have entered into a Settlement Agreement, dated 11/6/2018, duly signed by the respective learned counsel. Settlement Agreement, reads thus:- "(i). Petitioners agreed to pay Rs.8,00,000/- (Rupees Eight Lakhs only) as full and final settlement towards the loan Account No.959175006. (ii).
The third respondent bank, after consulting the Deputy Zonal Manager Mr.Rajagopal over phone, agreed to accept the same.
(iii). Both agreed to pay and receive the amount within a period of three months from today, i.e., 11/6/2018.
(iv). The bank also agreed to release the documents available with them as security towards the above said loan account.
(v). The bank also agreed to cancel the memorandum of deposit of title deeds registered with the office of the Sub-Registrar, Thirukalukundram and Madurantakam."
4. Inasmuch as the dispute is settled, no further order is required in this writ petition. Settlement Agreement, dated 11/6/2018 shall form part of the record.
5. Writ petition is disposed of, in terms of the Settlement Agreement. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mvs.
To
1. The Managing Director Indian Bank Corporate Office Royapetta Chennai.
2. The Chief Manager/Authorised Officer Indian Bank, Zonal Office Gandhi Road Kancheepuram 631 501.
Kancheepuram District.
3. The Branch Manager Indian Bank Anupuram Township Branch Near Bhavini Gate Sadras Main Road Neikuppi Village Vengampakkam Post Kancheepuram District.
+1cc to Mr.A.Rajesh Kanna, Advocate sr.37852 +1cc to M/S.S.R.Sumathy, Advocate sr.38021 W.P.No.9364 of 2018 pa[co] srg 28/06/2018