Govindaraj. A.S v. Indian Overseas Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN A.S.Govindaraj ... Petitioner vs.

1.Indian Overseas Bank, Regional Office, Plot No.40, 80 Feet Road, Arignar Anna Nagar, Madurai - 625 020.

2.The Branch Manager, Indian Overseas Bank, Lakshmipuram Branch, 66, Cumbum Road, Lakshmipuram, Theni - 625 523.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.06.2024 for One Time Settlement of Rs.9,50,000/- and close the loan account of the petitioner in loan Account ID No.104403261400002.

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For Petitioner : Mr.R.Maheswaran For Respondents : Mr.N.Dilip Kumar standing counsel

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is for a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 21.06.2024 for One Time Settlement of Rs.9,50,000/- and close the loan account of the petitioner in loan Account ID No.104403261400002.

2. Though we are not inclined to entertain this Writ Petition, it is submitted by Mr.R.Maheswaran, learned counsel appearing for the petitioner that though under the Lok Adalat Award in Case No.OA.No.181 of 2017, dated 17.03.2023, an award has been passed by way of consent and pursuant to the award, if the amount mentioned therein has not been paid by the petitioner, the original demand of the Bank will get restored.

3. Thereafter, there has been a default. As per the award, he has not acted upon. Therefore, the original demand has been restored. At this juncture, the petitioner has given a representation on 21.06.2024 to the Bank for consideration.

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4. Mr.N.Dilip Kumar, learned standing counsel appearing for the respondent Bank would submit that if the representation of the petitioner, dated 17.03.2023, is received by the respondent Bank, that will be disposed of on merits as early as possible.

5. The said statement of the learned standing counsel for the respondent Bank is taken on record.

6. Recording the same, this Writ Petition is dismissed. However, there shall be no order as to costs.

[R.S.K.,J.] [G.A.M.,J.] 08.07.2024 NCC : Yes / No Index : Yes / No ps 3/5

To 1.Indian Overseas Bank, Regional Office, Plot No.40, 80 Feet Road, Arignar Anna Nagar, Madurai - 625 020.

2.The Branch Manager, Indian Overseas Bank, Lakshmipuram Branch, 66, Cumbum Road, Lakshmipuram, Theni - 625 523.

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R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 08.07.2024 5/5