Madras High CourtWP(MD)/6235/2017dismissed as infructuous

M/S.Srinivas Trust, v. The Governor,

2017-09-01Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 01.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.6235 of 2017 1.M/s.Srinivas Trust, represented by its Managing Trustee M.K.S.Sreenivasan, Son of Sivasubramanian, No.7, Commanding Officers Second Lane, West Masi Street, Madurai - 625 001.

2.M/s.Vickram College of Engineering, represented by its Correspondent Mr.M.K.S.Sreenivasan, Son of Sivasubramanian, No.7, Commanding Officers Second Lane, West Masi Street, Madurai - 625 001.

3.M.S.Vikram, Son of Mr.M.K.S.Sreenivasan, No.7, Commanding Officers Second Lane, West Masi Street, Madurai - 625 001.

4.V.Nandhini, Wife of S.R.Vijayashrenivas, No.7, Commanding Officers Second Lane, West Masi Street, Madurai - 625 001.

5.S.Kalaivani, Wife of Mr.M.SR.Rajsanthosh, No.7, Commanding Officers Second Lane, West Masi Street, Madurai - 625 001.

6.M.K.S.Sreenivasan, Son of Sivasubramanian, No.7, Commanding Officers Second Lane, West Masi Street, Madurai - 625 001.

..Petitioners Vs 1.The Governor, The Reserve Bank of India, Fort Glacis, 16, Rajaji Salai, Chennai - 600 001.

2.The Managing Director and CEO, Indian Bank, 254-260, Avvai Shanmugam Salai, Royapettah, Chennai - 600 014.

3.The Deputy General Manager, Indian Bank Madurai Zone, 100-101, East Avani Moola Street, Madurai - 625 001.

4.The Chief Manager, Indian Bank, Town Hall Road Branch, Town Hall Road, Madurai.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 to 4 to waive the pre-closure charges levied upon the Petitioners herein while closing the Loans and Facilities availed from the respondent/institution in the light of the Circular of the first respondent in DBOD Dir.BC.No.110/13.3.00/2013-14, dated 7.5.2014 and further to direct the respondents 2 to 4 to reimburse the levied pre-closure charges with interest by considering the representation of the Petitioners, dated 1.2.2017.

For Petitioners : M/s.A.S.Vaigunth For Respondents : No appearance 1 to 3 For Respondent-4 : Mr.Pala Ramasamy

ORDER

The Petitioners have filed this Writ Petition for issuance of a Writ of Mandamus directing respondents 2 to 4 to waive the preclosure charges levied upon the Petitioners herein while closing the Loans and Facilities availed from the respondent/institution in the light of the Circular of the first respondent in DBOD Dir.BC.No.110/13.3.00/2013-14, dated 7.5.2014 and further to direct the respondents 2 to 4 to reimburse the levied pre-closure charges with interest by considering the representation of the Petitioners, dated 1.2.2017.

2.Heard Mr.A.S.Vaigunth, learned counsel for the Petitioners and Mr.Pala Ramasamy, learned counsel, appearing for the fourth respondent/bank and perused the materials placed before this Court.

3.Learned counsel for the fourth respondent/Bank would submit that the representation of the Petitioners, dated 1.2.2017 was already rejected by the fourth respondent on 18.2.2017. 4.In view of the above said submission, the Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Governor, The Reserve Bank of India, Fort Glacis, 16, Rajaji Salai, Chennai - 600 001.

2.The Managing Director and CEO, Indian Bank, 254-260, Avvai Shanmugam Salai, Royapettah, Chennai - 600 014.

3.The Deputy General Manager, Indian Bank Madurai Zone, 100-101, East Avani Moola Street, Madurai - 625 001.

4.The Chief Manager, Indian Bank, Town Hall Road Branch, Town Hall Road, Madurai.

+1cc to M/S.Pala Ramasamy, Advocate SR.No. 76330 W.P(MD)No.6235 of 2017 01.09.2017 VSN JM/SV MMS/SAR 2/12.09.2017/3P/6C