Mrs.Andal v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2015

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.17938 of 2013 Mrs.Andal ... Petitioner Vs.

1. The General Manager, Indian Bank, Head Office No.66, Rajaji Salai, Chennai

2. The Manager, Indian Bank, Perambur, Chennai.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to immediately hand over all the title deeds deposited to the petitioner under Memorandum of deposit of title deeds dated 24.12.2010 and for direction directing the 2nd respondent to register the cancellation of memorandum of deposit of title deeds thereby cancelling the memorandum of deposit of title deeds dated 24.12.2010.

For Petitioner : Mr.N.Venkatesan For Respondents: Ms.S.R.Sumathy

O R D E R

The petitioner has come forward to file this writ petition with a grievance that despite the loan having been cleared the title deeds deposited are not returned to the petitioner.

2. Learned counsel appearing for the respondents on instructions submitted that the petitioner stood as a guarantor for the two loans obtained by her sons and the said two loans have not been discharged as of now. Thereafter, in pursuant to the orders of this Court, the petitioner is said to have paid Rs.1,00,000/- through ECS (Electronic Clearance Service).

3. Learned counsel appearing for the respondents submitted that appropriate instructions have been given to the respondent authorities to call the petitioner for one time settlement. However, the petitioner has not turned up sofar. https://hcservices.ecourts.gov.in/hcservices/

4. Learned counsel appearing for the petitioner submitted that the petitioner would certainly approach the respondent authorities seeking one time settlement.

5. Considering the submissions made by the learned counsel appearing on either side, the writ petition stands disposed of by giving liberty to the petitioner to approach the respondent authorities seeking one time settlement. The respondents shall consider the case of the petitioner sympathetically and make endeavour to resolve the issue by offering one time settlement. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar usk To

1. The General Manager, Indian Bank, Head Office No.66, Rajaji Salai, Chennai

2. The Manager, Indian Bank, Perambur, Chennai.

+ 1 cc to Mr.S.r. Sumathy, Advocate Sr.62133 W.P.No.17938 of 2013 SK(CO) Eu 30.11.15 https://hcservices.ecourts.gov.in/hcservices/