Meera Sudarshana Rao, v. The Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Meera Sudarshana Rao ... Petitioner Vs.

1.The Manager, Bank of India, Main Branch, East Avani Moola Street, Madurai 625 001.

2.Sudarshana Rao ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to pay amount of the petitioner's Fixed Deposit Receipt Nos. 82504271/449 to 82504271/454 for Rs.6,00,000/-with interest from the date of dues to till payment with accrued interest, by considering her representation dated 12.11.2018 within the period stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For R1 : Mr.S.Rengasamy For R2 : No appearance 1/3

ORDER

Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the first respondent bank.

2. The petitioner seeks return of the petition mentioned fixed deposit.

3. When the matter was taken up for hearing, the learned standing counsel pointed out that the second respondent has availed loan from the first respondent bank. The petitioner has stood as guarantor.

4. The guarantee deed executed by the petitioner has been produced before me. It is also seen that the lien was marked as deposit in question. It is further stated that when the matter was referred to lokadalat, an agreement was arrived at but the second respondent did not honour the settlement. When the petitioner is guarantor, the question of issuing writ of mandamus will not arise at all.

5. The Writ Petition is dismissed. No costs. 12.12.2022 Index : Yes / No Internet : Yes/ No rmi 2/3

G.R.SWAMINATHAN, J.

rmi 12.12.2022 3/3