G.Sujatha, v. The Authorised Officer, Repco

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2015

CORAM:

THE HONOURABLE Mr. JUSTICE S.MANIKUMAR and THE HONOURABLE Mr. JUSTICE G.CHOCKALINGAM W.P.(MD)No.6080 of 2015 G.Sujatha ... Petitioner Vs.

The Authorised Officer, REPCO Home Finance Ltd., Kanne Towers II Floor, Thirumakkulam North Street, No.12, Gokale Road, Chinna Chokkikulam, Madurai 625 002.

... Respondent PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the claim of the petitioner for one time settlement (OTS) to foreclose her loan amount in Account No.1111820002046 and 1111820002366 by waiving the interest, penal interest and other charges by considering her representation dated 18.12.2014 and 18.03.2015 within the period stipulated by this Court.

For Petitioner : Mr.N.Sathish Babu

O R D E R

(Order of this Court was made by S.MANIKUMAR,J.) Material on record discloses that earlier Writ petition in W.P.(MD)No.714 of 2015 has been filed to issue a Writ of Mandamus, directing the Authorized Officer, Madurai, respondent therein, to consider the claim of the petitioner for one time settlement (OTS) to foreclose the loan by considering the representation of the petitioner dated 18.12.2014 within the time period. 2.By observing that no direction can be issued for consideration of the representation unless and until a proper one time settlement proposal has been made and taking note for the representation of the respondent that if any such proposal is made, the request of the petitioner would be examined and the Hon'ble Division Bench of this Court vide order dated 04.02.2015, dismissed the Writ petition.

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3.Now claiming one time settlement (OTS), a further representation dated 18.03.2015 has been made, and a Writ of Mandamus is sought for to consider the said representation within a time frame.

4.As observed by the Hon'ble Division Bench, no direction can be issued to consider the representation and it is for the respondent / Bank to examine. Hence, mandamus cannot be issued to consider the representations, directing the respondent / Bank to examine the request on the basis of the said representations being sent one after another.

5.We are not inclined to entertain the Writ petition. Accordingly, the Writ petition is dismissed. No costs. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To The Authorised Officer, REPCO Home Finance Ltd., Kanne Towers II Floor, Thirumakkulam North Street, No.12, Gokale Road, Chinna Chokkikulam, Madurai 625 002.

+1cc to Mr.N.SATHISH BABU,ADVOCATE IN SR NO.21524 W.P.(MD)No.6080 of 2015 21.04.2015 RG.08.06.2015 2P/3C https://hcservices.ecourts.gov.in/hcservices/