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Madras High CourtWP/28630/2018settled before the lokadalats

M.Vanitha Priya v. The Zonal Manager

2019-02-26Honourable Mr Justice S.K.Krishnan (Retd)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday, the 26th day of February 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.K. KRISHNAN(Retd.) and Members Mr. R. Ramaraj (District Judge, Retd.) Mrs.Sudharshana Sunder W.P.No.28630 of 2018 (Writ petition has been filed for issuance of Mandamus directing the respondents to consider the representation of the petitioner dated 14.03.2018 for one time settlement (OTS) of the educational loan availed by her in A/c.No.61707180000370 waiving the interest enabling her to settle the loan in one lump sum and close the loan.) M. Vanitha Priya .. Petitioner Vs.

1.The Zonal Manager, Syndicate Bank, Chennai.

2. The Senior Branch Manager, Syndicate Bank, Hosur Branch, Krishnagiri District.

.. Respondent On representation of counsel for both sides, this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.Karl Marx, the learned counsel for the petitioner and M/s.S.R. Sumathy, D.Tamil Selvi and Pavithra Chandran, the learned counsel for the respondents are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The petitioner herein filed the present writ petition seeking relief mandamus directing the respondents to consider the representation dated 14.03.2018 for one time settlement for

the educational loan. Considering the relief sought for by the petitioner, the Hon'ble Court has referred the matter to the Lok Adalat for arriving an amicable settlement between the parties.

2. It is stated that the petitioner has obtained education loan for a sum of Rs.3,41,000/- (Three Lakhs Forty One Thousand Only) from the second respondent. It is also stated that the petitioner has completed the course.

3. When the petition has been taken up for hearing today, the learned Counsel for the petitioner and respondents are present.

4. The learned counsel for the petitioner would submit that filing the writ petition before the Hon'ble High Court, the petitioner has already paid part loan amount on various occasion totalling a sum of Rs.1,83,000/- (Rupees One Lakhs Eighty Three Thousand Only) and remaining amount has to be paid by the petitioner.

5. When the matter came up today, both counsel along with their parties compromised the matter for one time settlement as per the direction given by the Hon'ble High Court. In view of the above, the officer appearing for the second respondent bank has agreed to receive a sum of Rs.2,50,000/-(Rupees Two Laksh Fifty Thousand only) as final and full settlement towards educational loan. Considering the above one time settlement, the petitioner has paid total amount of Rs.4,33,000/- (Rupees Four Lakhs Thirty Three Thousand Only) towards the education loan.

6. In view of the compromise entered between the parties, the matter is settled before this Forum and no due has to be paid by the petitioner towards education loan to the second respondent. The petitioner has paid the one time settlement by way of D.D. bearing No.044069 dated 21.02.2019 drawn at Dena Bank, Ambattur Branch, in favour of the Second Respondent. The same is also acknowledged by the Officer representing for the second respondent along with their Counsel.

7. In view of the above compromise, the writ petition Shall disposed of as settled.

This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

M. Vanitha Priya (Counsel for the Petitioner) The Zonal Manager, (Counsel for the Respondents) sd/ Judge sd/ sd/ Member Member Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar To The parties/Advocate concerned Copy to 1.The Secretary, High Court Legal Services Committee, Chennai. 2.The Section Officer, V.R.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies +1cc to Mr.K.C.Karl Marx, Advocate, S.R.No.17887 W.P.No.28630 of 2018 PPA(CO) CS(20/05/2019)