Madras High CourtWP/17843/2020disposed of

S.Srinivasan v. The Reserve Bank Of India

2021-02-12Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.17843 of 2020

1. S.Srinivasan

2. S.Kalavathy ...

Petitioners Vs.

1. The Reserve Bank of India 16, Rajaji Salai, Fort Glacis Chennai 600 009.

2. The Authorised Officer Dewan Housing Finance Corporation Limited Dreams Mall, First Floor, LBS Marg Bhandup (West) Mumbai 400 078.

3. The Authorised Officer Dewan Housing Finance Corporation Limited Kalpathika Towers New No.36, Old No.24, Dr.Ambedkar Road Ashok Nagar Main Road Kodambakkam Chennai 600 024.

4. The Branch Manager Dewan Housing Finance Corporation Limited Tomes New No.36, Old No.24 Dr.Ambedkar Road Ashok Nagar Main Road Kodambakkam Chennai 600 024.

...

Respondents https://hcservices.ecourts.gov.in/hcservices/

Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 2 to 4 to extend the petitioners six months time to settle the remaining loan amount by availing one time settlement. For Petitioner : Mr.P.Udhayashankar For Mr.V.Nithyanandam For Respondents 2 to 4 : Mr.Saikrishnan

ORDER

(Made by the Hon'ble Chief Justice) This is another matter of those utterly misconceived petitions filed to direct a secured creditor to afford time to the defaulting petitioner and ward off the appropriate measures that have been against the secured interest. The excuse is the pandemic.

2. Since a writ of Mandamus may not lie to command a secured creditor to vary the terms of the agreement with the debtor, the writ petition cannot be entertained. In any event, the measures that a creditor may seek to adopt against a debtor can scarcely be interfered with in this extraordinary jurisdiction. The petitioners' remedy lies elsewhere.

3. W.P.No.17843 of 2020 is disposed of, without entering into the merits thereof. It will open to the petitioners to approach any appropriate authority to receive the grievance, other than Writ Court. There will be no order as to costs. As a consequence, WMP Nos.22131 and 22127 of 2020 are closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar kpl W.P.No.17843 of 2020 ppa(co) aa03/03/2021 https://hcservices.ecourts.gov.in/hcservices/