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Madras High CourtWP/22435/2023disposed of

A.R.V.Kumar v. The Managing Director

2023-07-28Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU A.R.V.Kumar ..

Petitioner Vs.

1. The Managing Director & CEO Indian Overseas Bank Head Office, 763, Anna Salai Chennai 600 002.

2. The General Manager Law & Recovery Department Head Office 762, Anna Salai Chenna 600 002.

3. The Asst. General Manager Indian Overseas Bank ARM Branch No.763, Anna Salai Chennai 600 002.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to take

appropriate action in the OTS proposal given by the petitioner on 01.06.203 and also on 17.07.2023 as per the guidelines of the New Special OTS/OCS Scheme 2023 dated 19.05.2023. For the Petitioner : Mr.M.Vijay Anand

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Vijay Anand, learned counsel for the petitioner.

2. The petitioner seeks a direction against the bank to take appropriate action on the OTS proposal given by him on 01.06.2023 and 17.07.2023.

3. The OTS Scheme is placed on record. It is a discretionary one. E-auction notice has already been issued by the bank. If the petitioner is aggrieved by the e-auction notice, the petitioner can take steps before the Debts Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. If the petitioner has any grievance

with regard to OTS, he can approach the Banking Ombudsman in that regard.

4. With the aforesaid observations, the writ petition is disposed of. Consequently, W.M.P.No.21845 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The Managing Director & CEO Indian Overseas Bank Head Office, 763, Anna Salai Chennai 600 002.

2. The General Manager Law & Recovery Department Head Office, 762, Anna Salai Chenna 600 002.

3. The Asst. General Manager Indian Overseas Bank ARM Branch, No.763, Anna Salai Chennai 600 002.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 28.07.2023