M. Thamilselvan v. The State Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.Thamilselvan

...Petitioner

Vs.

The State Bank of India, Rep.by its Branch Manager, Eyyil Branch, Eyyil - 604 204, Gingee Taluk, Villupuram District.

..Respondent Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent herein to consider and pass orders on the Representation of the Petitioner dated 21.07.2015 submitted to give sufficient time for repayment of the balance loan amount on installment basis.

For Petitioner : No appearance For Respondent : Mr.M.L.Ganesh 1/4

ORDER

The relief sought for in the present writ petition is for a direction to direct the Respondent to consider the representation submitted by the writ petitioner on 21.07.2015 and to provide sufficient time for repayment of the balance loan amount on installment basis.

2. The loan transaction between the petitioner and the respondent is a contract and the obligations between the parties in this regard cannot be adjudicated in a writ proceedings. Merely submitting a representation to grant sufficient time would not confer any right on the petitioner. High Court cannot issue any such direction to dispose of the representation in the absence of establishing any right. Since the petitioner has not established any such right, the relief as such sought for cannot be granted.

3. Accordingly, the writ petition stands dismissed. No costs. 10.04.2023 (1/2) Index : Yes Speaking order/Non-Speaking order kak 2/4

To The Branch Manager, State Bank of India, Eyyil Branch, Eyyil - 604 204, Gingee Taluk, Villupuram District.

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S.M.SUBRAMANIAM, J.

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