D.Murugesan v. The Chief Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.1825 and 1826 of 2020 D.Murugesan ... Petitioner /vs./ 1.The Chief Manager, Indian Overseas Bank, Regional Office, Karpus Tower, Medical College Road, Thanjavur 613 007.

2.The Senior Manager, Indian Overseas Bank, Main Branch, No.1604, South Main Road, Thanjavur 613 009.

3.The Branch Manager, Indian Overseas Bank, Main Branch, No.1604, South Main Road, Thanjavur 613 009.

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4.T.R.Nandakumar 5.Vinod ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 and 3 to regularize the Petitioner's Housing Loan Account No.08803501200008 under Subhagruha Housing Loan Scheme as per compliance of the OTS letter dated 22.11.2019, by taking appropriate action against the Respondents No.4 and 5 on the basis of the petitioner's representation dated 23.01.2020 as per law within a time frame to be stipulated by this Court.

For Petitioner : Mr.P.Edin Brough For R1 to R3 : Mr.N.Dilipkumar Standing Counsel

ORDER

The above writ petition has been filed for the issue of a Writ of Mandamus directing the respondents 1 and 3 to regularize the petitioner's housing loan Account No.08803501200008 under Subhagruha Housing Loan Scheme as per the compliance of the OTS letter dated 22.11.2019, by taking appropriate action against the Respondents 4 and 5 on the basis of the petitioner's representation dated 23.01.2020.

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2.From the counter and the documents filed by the respondent Bank, it appears that the request for a One Time Settlement had been considering by the Bank on 22.11.2019, wherein they had agreed for the following schedule for remitting the sum of Rs.80,00,000/-.

"i) Rs.15,00,000/- was to be paid on or before 22.11.2019 ii) Rs.15,00,000- was to be paid on or before 03.12.2019 iii) Rs.50,00,000/- was to be paid on or before 31.12.2019" 3.It was also made clear that if any of the terms were not complied with, the bank would proceed further with the actions. It was further agreed that on the payment of the One Time Settlement on or before 31.12.2019, the documents were to be handed over to the property owner, namely Mrs.S.Saroja Ammal, for which the petitioner himself has endorsed no objection. 4.In the light of the above, nothing survives for consideration in the above writ petition and the Writ Petition is accordingly dismissed as infructuous. 3/4

P.T.ASHA, J.

mm However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Speaking : Yes / No 05.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 4/4