Madras High CourtWP/30290/2023disposed of

S.Jayachandran v. The Assistant General Manager

2023-10-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Petitioner S.Jayachandran ..

in both W.Ps Vs.

1. The Assistant General Manager State Bank of India Asset Recovery Management Branch No.44, Eldams Road, 1st Floor, Teynampet Chennai - 600 018.

2. The Branch Manager State Bank of India Labbaikudikadu Respondents Perambalur District.

in both W.Ps Prayer in W.P.No.30290 of 2023: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to permit the petitioner to repay the education loan amount in Account No.377340298689 by monthly installment basis by considering the representation of the petitioner herein dated 20.09.2023;

Prayer in W.P.No.30294 of 2023: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to permit the petitioner to repay the education loan amount in Account No.33277412732 by monthly installment basis by considering the representation of the petitioner herein dated 20.09.2023.

For the Petitioner in both W.Ps : Mr.R.Nalliyappan COMMON ORDER (Made by the Hon'ble Chief Justice) Heard Mr.R.Nalliyappan, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that educational loan was obtained by the petitioner and the petitioner is ready to pay the loan amount, but in instalments. The respondents may be directed to permit the petitioner to repay the loan amount in instalments.

3. It is for the petitioner and the Bank to arrive at a solution as to how the mode of payment would be made. The petitioner may approach the Bank and make a representation/application to the Bank. It is for the Bank to consider the same.

4. As far as the notice under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is concerned, the petitioner has the liberty to assail the same before the appropriate forum. In that event, all contentions of the respective parties are kept open.

5. In the light of that, the writ petitions stand disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 19.10.2023 Index :

Yes/No :

Yes/No drm

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 19.10.2023