G.Sakthivel v. The Regional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Sakthivel ... Petitioner Vs.

1.The Regional Manager, (Non Bank Operation), Baratha Reserve Bank, No.16, Rajaji Road, Port Glacis, Chennai-600 001.

2.The Branch Manager, Sundaram Finance, N.S.K Complex, Thaadikombu Road, Dindigul-624 001.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent not to take coercive steps and to give sufficient time for payment of EMI for the petitioner's four wheeler Loan Account No.N002000173 for purchase of vehicle bearing Registration No.TN 57 BW 2876 in view of Covid-19 World Wide Lockdown and the 1st respondent Circulars dated 27.03.2020 and 23.05.2020 by considering the petitioner's representation dated 21.11.2020. For Petitioner : Mr.A.Haja Mohideen For R-2 : Mr.J.Ponssenthilkumar 1/3

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing the second respondent not to take coercive steps and give sufficient time to the petitioner to pay EMI for the loan that was taken by the petitioner for purchasing the Four-Wheeler in view of the Covid-19 pandemic.

2. When the matter was taken up for hearing, learned counsel appearing on behalf of the second respondent submitted that the arbitration proceedings were initiated and an award has also been passed.

3. In the light of the above submission and also of the fact that the petitioner does not have a legal right to prevent the second respondent from proceeding further to recover the dues form the petitioner, this Court does not find any merits in this Writ Petition and accordingly, the same is dismissed. No costs.

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N.ANAND VENKATESH, J.

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