M/S.Shana Auto Laser Pvt. Ltd. v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.09.2018 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.25231 of 2018 and W.M.P.No.29339 of 2018 M/s.Shana Auto Laser Pvt. Ltd.

Rep. by is Managing Director Mr.A.Nambhi No.22/A2, New No.2/441-7, 1st Floor Durga Nagar, Anumepalli Agraharam Zuzuvadi Village Hosur - 635 126.

.. Petitioner Vs.

1.The General Manager Zonal Office - Chennai Annexe Building, III Floor 763, Anna Salai Chennai - 600 002 2.The Senior Manager,

3. The Regional Manager 7/54, II Floor, Ideal Garden Complex Junction Road, Near Five Roads Salem - 636 004

4. The Äuthorised Officer ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, directing the 2nd and 3rd respondents to consider the representation of

the petitioner dated 11.08.2018 for OTS proposal as this court may deem fit and proper in the facts and circumstances of the case.

For Petitioner : Mr.D.Thirunavurkarasu

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the representation of the petitioner dated 11.08.2018 for OTS proposal.

2. It is settled position that the bank cannot be compelled to accept the OTS proposal given by the borrowers or guarantors. It is for the bank to consider the proposal given by the borrowers or guarantors independently on merits. The petitioner has got no legal right to compel the respondent-bank to accept the OTS proposal.

3. In these circumstances a mandamus cannot be issued to the respondent-bank for considering the petitioner's OTS proposal. The writ petition is devoid of merits and the same is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

rj Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Asst. Registrar TO 1.The General Manager Zonal Office - Chennai Annexe Building, III Floor 763, Anna Salai Chennai - 600 002 2.The Senior Manager,

3. The Regional Manager 7/54, II Floor, Ideal Garden Complex Junction Road, Near Five Roads Salem - 636 004

4. The Äuthorised Officer KR/8/10/18 W.P. No.25231 of 2018 and W.M.P.No.29339 of 2018