G. Shanthi v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.5911 and 5912 of 2025 G.Shanthi

...Petitioner

-Vs1.The Authorized Officer, M/s.Equitas Small Finance Bank Ltd., Spencer Plazza, 4th Floor Phase II, No.769, Mount Road, Anna Salai, Madurai - 600 002.

2.The Branch Manager, M/s.Equitas Small Finance Bank Ltd., Spencer Plazza, 4th Floor Phase II, No.769, Mount Road, Anna Salai, Madurai - 600 002.

3.The Regional Officer, ICICI Prudential Life Credit Shield Insurance Company, 2nd Floor, Bascon Maeru, No.82, 84 and 86, Kodambakkam High Rd, Nungambakkam, Chennai, 1/4

4.The Manager, Equitas Small Finance Bank Ltd., 2nd Floor, Sree Naga Arcade, No.5, Williams Road, Near Siva Sangam School, Upstair of Indian Bank, Cantonment, Trichy

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent not to auction the properties mortgaged by the borrower till the claim is settled by the third respondent as per the representation made by the petitioner. For Petitioners : Mr.M.Karunanithi For R1, R2 & R4 : Mr.Ajay Parthiban Standing Counsel For R3 : Mr.A.Karthik Standing Counsel

ORDER

(Order of the Court was made by S.SRIMATHY, J.) This writ petition is filed seeking a direction to the first respondent not to auction the properties mortgaged by the borrower till the claim is settled by the third respondent as per the representation made by the petitioner. 2.Today, when the writ petition is taken up for hearing, the learned counsel for the respondent Bank submitted that the entire loan amount is settled 2/4

and the loan account is closed. He further submits that the original documents are also returned to the petitioner. Therefore, nothing survives in this writ petition.

3.The learned counsel for the petitioner also admitted the said submission. Further, he submits that the petitioner shall be granted with liberty to claim the insurance amount from the Insurance Company. 4.Recording the above said submission, this writ petition is closed. The petitioner is always at liberty to work out his remedy in accordance with law as far as insurance amount is concerned. No costs. Consequently, connected miscellaneous petitions are closed.

(J.N.B.,J.) (S.S.Y.,J.) 28.04.2025 Index:Yes/No Internet : Yes/No ta 3/4

J. NISHA BANU,J.

and S.SRIMATHY.J ta 28.04.2025 4/4