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Madras High CourtWP(MD)/5873/2019dismissed

Karthik, S/O.Guruvaiah, v. Indian Bank,

2019-03-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5873 of 2019 and W.M.P.No.4699 of 2019 Karthik ... Petitioner Vs 1.Indian Bank, rep by its Branch Manager, Ramamoorthy Road, Virudhunagar District.

2.Recovery Officer, Reliance ARC Office, ADD, 7/54, Anand Nagar, Sahayog Co-op HSG Soc Ltd., of Western Express Highway, Santcruz East, Mumbai-400 055.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to forbear the respondents herein from coercing the petitioner and his family members to pay the Education Loan amount except in the manner known to law. For Petitioner : Mr.Lakshmi Gopinathan For R1 : Mr.Pala Ramasamy Standing counsel

ORDER

Heard the learned counsel appearing for the writ petitioner.

2. The writ petitioner had availed education loan from the first respondent to the tune of Rs.70,000/-(Rupees Seventy Thousand only) together with interest. The liability has now mounted to Rs.1,65,000/- (Rupees One Lakh Sixty Five Thousand only). Since the petitioner had defaulted, the second respondent had assigned the account to the second respondent, which is a securitization company. The petitioner wants this Court to restrain the respondents from coercing the petitioner and his family members to settle the said loan amount.

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3. The learned Standing counsel appearing for the first respondent stated that the steps are being taken to recover the dues. This cannot be characterized as an act of harassment. I find no ground to interfere. This Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar 1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-53704[F] dated 13/03/2019 ) +1 CC to M/s.PALA.RAMASAMY, Advocate ( SR-54382[F] dated 15/03/2019 ) W.P.(MD)No.5873 of 2019 13.03.2019.

DS/ /SAR- (03.04.2019) 2 P 3 C https://hcservices.ecourts.gov.in/hcservices/