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Madras High CourtWP/34666/2019disposed of

M/S.Jawahar Enterprises Private Limited, v. M/S.Lakshmi Vilas Bank Ltd.,

2023-02-09Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and WMP.Nos.35424 & 34449 of 2019 and 5392 of 2020

1. M/s. Jawahar Enterprises Private Limited, Represented by its director G.Jawahar, Geejay Arcade, No.11, Thiruvenkatasamy Road (West) R.S.Puram, Coimbatore - 641 002.

2. G.Jawahar

3. J.Rajalakshmi .. Petitioners in both WPs

Versus

M/s. Lakshmi Vilas Bank Ltd., Main Branch, LVB Platinum Jubilee Building, No.68, Oppanakara Street, Coimbatore - 641 001. .. Respondent in both WPs Prayer in WP.No.34666 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent pertaining to the proceedings in LVB/889/OTS/002/2019-2020 dated 28.06.2019, received by the petitioners on 01.07.2019 and quash the same and consequently directthe respondent to extend the time to make the payment of the remaining amount under the OTS scheme dated 22.11.2018 in pursuance of the petitioners' representation dated 28.06.2019.

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Prayer in WP.No.33902 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondent from claiming any amout in excess of the amount arrived at in One Time Settlement (OTS) under the Lok Adalat Award dated 22.11.2018, before the Coimbatore District Legal ServicesAuthority or taking any action under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and consequently extend the time fixed for the paying the balance amount of Rs.4,05,00,000/- with reasonable interest.

For Petitioners :

Mr.P.Valliappan in both WPs For Respondent :

No appearance in both WPs COMMON ORDER [Order of the Court was made by R. MAHADEVAN, J.] Today, when the matters are taken up for consideration, the learned counsel for the petitioners submitted that the matter has been amicably settled between the parties and hence, nothing survives for adjudication. The learned counsel has also filed a memo of compromise dated 09.12.2020 and also made an endorsement to that effect in the Court bundle.

2. Recording the above, both these writ petitions are dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D., J.] [M.S.Q., J.] 09.02.2023 Index : Yes / No Internet : Yes / No av 2/4

To M/s. Lakshmi Vilas Bank Ltd., Main Branch, LVB Platinum Jubilee Building, No.68, Oppanakara Street, Coimbatore - 641 001.

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R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J av and WMP.Nos.35424 & 34449 of 2019 and 5392 of 2020 09.02.2023 4/4