S. Buvaneswari v. The Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.3.2017

CORAM

THE HONOURABLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.18036 of 2014 and M.P.No.1 of 2014 S. Buvaneswari Petitioner

Versus

1.The Manager UCO Bank Puducherry Main Branch No.7 Rue Mahe de Labourdonnais Puducherry 2.The Authorised Officer UCO Bank Puducherry Main Branch Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records of the 2nd respondent with No.ADV/MISC/17/2014-15 dated 30.5.2014 and to quash the same. For petitioner : Ms.Suvitha George For Respondents : Mr.M.Muthukumaran

ORDER

(Order of the court was made by HULUVADI G.RAMESH, ACJ.) Heard the learned counsel appearing for the petitioner and Mr.M.Muthukumaran, learned counsel appearing for respondents 1 to 2.

2 The writ petition has been filed seeking issuance of a writ of certiorari to call for the records of the 2nd respondent with No.ADV/MISC/17/2014-15 dated 30.5.2014 and to quash the same.

3. According to the petitioner, she had taken a loan of Rs.11,90,000/- on 15.6.2010 from the first respondent for purchasing a house with a repayment schedule of 15 years and the monthly installments being Rs.18,200/-. and finding some https://hcservices.ecourts.gov.in/hcservices/

difficulty in repaying the loan, she sought for restructuring of the loan for which the bank had agreed upon, but, however, initiated the impugned notice proposing to sell the property and hence, the present writ petition has been filed.

4. Learned counsel appearing for the respondent bank submitted that they have cancelled the proposed auction sale and as such the petition has become infructuous.

5. However, the learned counsel for the petitioner submitted that some more installment be given for repayment of the loan. It is for the petitioner to approach the bank for further extension of time.

The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed. The bank to consider for restructuring of loan positively, since the petitioner is a lady, without resorting for auction.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ssk.

To:

1.The Manager UCO Bank Puducherry Main Branch No.7 Rue Mahe de Labourdonnais Puducherry 2.The Authorised Officer UCO Bank Puducherry Main Branch +1cc to M/S. M. Muthukumaran, Advocate Sr. 18076 +1cc to M/S.V. Ajayakumar, Advocate Sr. 18476 W.P.No.18036 of 2014 SAI(CO) VR(19/4/2017) https://hcservices.ecourts.gov.in/hcservices/