Manonmani.M v. Tamilnad Mercantile Bank Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN W.P.No.2254 of 2025 Manonmani. M W/o. Marimuthu, No.13, Pathirakali Amman Kovil Street, Uthukadu Road, Pollachi, Coimbatore - 642 001.

Petitioner Vs Tamilnad Mercantile Bank Ltd., Rep. by its Authorized Officer, D.No.540, 1st Floor, D.B. Road, R.S.Puram, Coimbatore - 641 002.

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the respondent in connection with the impugned letter dt. 09.07.2024 and quash the same and further direct the respondent to refund the earnest money deposited by the petioner viz., Rs.13,27,500/- (Rupees thirteen lakhs twenty seven thousand five hundred only) with interest at rate of 24% p.a.

For Petitioner:

Mr.M.Sudhan For Respondent:

Mr.A.Arokiya Satheesh

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Shri Arokiya Satheesh, without prejudice to respondent's rights and contentions, purely with an intention to give a closure to the matter, states that respondent would return the amount of Rs.13,27,500/- subject to petitioner paying various costs incurred by respondent in this regard. Shri Arokiya Satheesh says the costs is approximately Rs.58,000/-.

2. As regards interest claimed, Shri Arokiya Satheesh states no interest is payable.

3. Shri Sudhan states that petitioner will pay reasonable costs, not the amount as claimed by Shri Arokiya Satheesh, and also prays for a reasonable rate of interest.

4. Having heard the counsels, in our view, the interest of justice will be met by the following order:

"Respondent shall pay a sum of Rs.13,25,000/- (Rupees Thirteen Lakhs Twenty Five Thousand only) to petitioner in full and final settlement, instead of Rs.13,27,500/- that petitioner paid."

5. Shri Arokiya Satheesh says the said amount will be paid within one week. Undertaking is accepted.

6. Petition is disposed of. There shall be no order as to costs. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 18.06.2025 Index :

Yes/No :

Yes/No bbr To:

The Authorised Officer,

Tamilnad Mercantile Bank Ltd., D.No.540, 1st Floor, D.B. Road, R.S.Puram, Coimbatore - 641 002.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

bbr WP No.2254 of 2025 18.06.2025