Johnson L v. Tamil Nadu Mercantile Bank Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI L.Johnson ... Petitioner -vs1.Tamil Nadu Mercantile Bank Ltd., Rep. by its Authorised Officer, Nagercoil Branch, 50, Charles Miller Street, College Road, Nagercoil - 1, Kanyakumari District.

2.The General Manager, Tamilnadu Mercantile Bank, Head Office, Thoothukudi, Thoothukudi District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to close the loan and return the documents pleased during the availing of the loan. For Petitioner :

Mr.Robert Bruce For Respondents :

Mr.N.Dilip Kumar

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.N.Dilip Kumar, learned Standing Counsel takes notice for the respondents.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. The petitioner relies upon oral One Time Settlement (OTS) proposal said to have been made by the bank. It is found from the record that the bank has sent a written communication to the petitioner expressing its disinclination to agree to the OTS proposal on 26.05.2022.

4. In view of the same, we do not think we can entertain this writ petition under Article 226 of the Constitution of India with the prayer for mandamus to close the loan account and hence, the writ petition is dismissed. No costs.

[R.S.M., J.] [L.V.G., J.] 28.04.2023 NCC : No Index : No Internet : Yes PKN

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 28.04.2023