Madras High CourtWP(MD)/7782/2022allowed

Soundararajan.V v. The Branch Manager

2022-06-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.5845 & 5847 of 2022 V.Soundararajan ... Petitioner Vs The Branch Manager, Canara Bank-Cumbam Branch, 282/283, I Floor, NCM Complex, Main Road, Cumbam, Theni District-625 516.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondent from attaching / freezing the petitioner's saving bank account in SB account number 1005101053647 maintaining at Canara Bank - Cumbam Branch, Theni District for making deductions to the educational loan availed by the petitioner's children.

For Petitioner : Mr.J.Pooventhera Rajan For Respondent : Mr.N.Dilip Kumar Standing Counsel 1/4

ORDER

Heard the learned counsel for the writ petitioner and the learned Standing Counsel appearing for the respondent.

2. The petitioner availed two education loans for his son and daughter, in the year 2006. The repayment so far made has gone only towards interest. A substantial amount of Rs.18,00,000/- (Rupees Eighteen Lakhs only) (9+9) remains to be paid. In these circumstances, the petitioner's Savings Bank Account was frozen. Seeking to defreeze it, this writ petition came to be filed.

3. The learned counsel appearing for the petitioner, on instructions, states that he can be granted relief on certain terms.

4. Recording the said submission, the following consent order is passed: a) The petitioner shall give a standing instruction to the Bank to deduct a sum of Rs.8,000/- (Rupees Eight Thousand only) towards both the loan accounts every month from his pension account; and 2/4

b) The petitioner shall endeavour to close both the loan accounts within nine months.

5. The respondent is directed to defreeze the petition mentioned Account forthwith and without any delay. The deduction from the petitioner's Account shall commence from the month of July. This Writ Petition is allowed on these terms. Consequently, connected miscellaneous petitions are closed. No costs. 29.06.2022 Index : Yes / No Internet : Yes/ No mga To The Branch Manager, Canara Bank-Cumbam Branch, 282/283, I Floor, NCM Complex, Main Road, Cumbam, Theni District-625 516.

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G.R.SWAMINATHAN, J.

mga 29.06.2022 4/4