Madras High CourtWP(MD)/15542/2023dismissed

G.Sundarajan v. The Regional Officer

2023-06-30Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.15542 of 2023 G.Sundarajan ... Petitioner Vs.

1.The Regional Officer, Regional Office, Canara Bank, Tirunelveli.

2. The Authorized Officer/Branch Manager, Canara Bank, Thirukurankudi, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus directing the respondents 1 and 2 to accept the One Time Settlement (OTS) offer made by the petitioner and to release the properties and fixed assets offered by the petitioner collateral securities and to consider the petitioner's representation regarding the OTS proposal dated 1/4

22.06.2023 within the time limit as fixed by this Court. For Petitioner : Mr.R.M.Suresh For R1 & R2 : Mr.V.Balasubramaniam Standing Counsel

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction to the respondents 2 and 3 to to accept One Time Settlement offered by the petitioner herein under Article 227 of the Constitution of India for such an order.

2. The petitioner and the second respondent have a customers/ banker relationship which is governed by contract/agreement. The court is a third party. The court cannot impose a particular direction on anyone of the contracting parties either to accept One Time Settlement offer made or even reject such One Time Settlement offer made. These are all issues purely within the satisfaction of the second respondent. The scope of the court is extremely narrow while dealing with the 2/4

contractual matters. Hence, this Writ Petition is dismissed. No costs. 3.However, the second respondent is directed to apply their mind when they receive the offer and are at liberty to accept or reject the same. The second respondent is at liberty to take appropriate action. 30.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM To, 1.The Regional Officer, Regional Office, Canara Bank, Tirunelveli.

2. The Authorized Officer/Branch Manager, Canara Bank, Thirukurankudi, Tirunelveli District.

C.V.KARTHIKEYAN, J.

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