Srinithi Mahalakshmi.R v. M/S. Canara Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Srinithi Mahalakshmi ... Petitioner -vs1.M/s.Canara Bank represented by its Branch Manager Railway Junction Branch 1st Floor, City Tower No.1 Royal Road, Cantonment Trichy, Trichy District 2.The Authorised Officer M/s.Canara Bank Railway Junction Branch 1st Floor, City Tower No.1 Royal Road, Cantonment Trichy, Trichy District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to consider the petitioner's one time settlement letter dated 05.04.2023 within a time stipulated by this Court.

For Petitioner :

Mr.B.Rajesh Saravanan For Respondents :

Mr.C.Deepak

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this writ petition is for a mandamus directing the respondent - Bank to consider the one time settlement proposal sent by the petitioner vide letter dated 05.04.2023.

2. We do not think that we could issue such a mandamus. Consideration or otherwise of the one time settlement proposal is solely within the discretion of the Bank. In the guise of exercising the power under Article 226 of the Constitution of India, we cannot rewrite the contract between the parties. Hence, this writ petition is dismissed. No costs. [R.S.M., J.] [L.V.G., J.] 21.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 21.04.2023