Manickam v. Sethuraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN CONTEMPT PETITION No.2063 OF 2015 Manickam ... Petitioner vs.

Sethuraman Branch Manager, Indian Bank, Sivathapuram Branch, Salem District.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1960 praying to punish the respondent for disobedience of the order passed in W.P.No.33829 of 2012 dated 06.08.2014.

For Petitioner :

Mr.M.P.Jayaprakash

O R D E R

This petition is filed seeking to punish the respondent for disobedience of the order dated 06.08.2014 passed in W.P.No.33829 of 2012.

2. The order dated 06.08.2014, passed by this Court in W.P.No.33829 of 2012 would read as under:

"2. When the matter is taken up for hearing, the

learned counsel for the respondent Bank would fairly submit that the respondent bank is willing to sanction the education loan to the petitioner's son, provided, the petitioner's son furnishes all the documents required by the Bank, more particularly, the relevant Mark Sheet.

3.

In view of the above, the petitioner's son is directed to furnish all the documents required by the bank to enable them to process his loan application and to sanction the education loan."

3.

When the matter is taken up today, learned counsel for the petitioner submitted that despite the petitioner's son having produced all the necessary documents pertaining to the grant of Rs.3,44,950/- as education loan required for completion of the course, the respondent Bank has sanctioned only a sum of Rs.60,000/-.

4.

A reading of the order of this Court, dated 06.08.2014 would make it clear that the petitioner was directed to furnish all the documents required by the Bank to enable them to process his son's application for education loan. In his affidavit, the petitioner has admitted that his son has been sanctioned only a sum of Rs.60,000/- and that the same has been acknowledged by the respondent Bank. It is not known to this Court as to whether the petitioner's son produced all the required documents towards sanction of

Rs.3,44,950/- as education loan.

5.

Such being the position, the issue as to whether the petitioner's son produced relevant documents towards the sanction of the education loan sought by him has to be determined only in a Writ Petition and not in a Contempt Petition.

Hence, this Contempt Petition is closed.

Aeb SD/- DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/14/10/2015 One CC to Mr.R.Margabandhu, Advocate, Sr.12488