← Library
Madras High CourtWP(MD)/23783/2016dismissed

P.Duraipandian, v. The Reserve Bank Of India,

2016-12-08Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.23783 of 2016 P.Duraipandian ... Petitioner Vs.

1. The Reserve Bank of India, Rajaji Salai, Chennai.

2.The Branch Manager, Indian Bank, Azhappapuram Branch, Kanyakumari District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to extend the time for repaying the educational loan amount.

For Petitioner : Mr.T.Selvakumaran For R2 : Mr.S.Devaraj

O R D E R

This writ petition is filed for a direction to the respondents to extend the time for repaying the educational loan amount.

2. Mr.S.Devaraj, the learned counsel takes notice for the second respondent.

3. On perusal of the affidavit filed in support of the writ petition, it appears that the second respondent Bank has already filed a Civil Suit in O.S.No.131 of 2016 on the file of the II Additional Sub Court, Nagercoil, for recovery of the educational loan from the petitioner. When such being the admitted position, I do not think that the petitioner is justified in filing the present writ petition which will have to be considered only as a parallel proceedings.

4. Needless to say that entertaining this writ petition and passing orders therein will affect the suit filed by the respondent Bank before the Civil Court. Therefore, I find that the present writ petition is totally misconceived. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

same is dismissed without expressing any view on the rival contentions of the parties with regard to the entitlement, which has to be ultimately decided in the Suit. No costs. Sd/- Deputy Registrar(J) /True Copy/ Sub Assistant Registrar To

1. The Reserve Bank of India, Rajaji Salai, Chennai.

2.II Additional Sub Judge, Nageroil.

+1cc to Mr.S.Devaraj,Advocate Sr.No.80161 W.P.(MD)No.23783 of 2016 08.12.2016 akv rum/ck/03.01.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/