M/S.Kirubha Exports v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.15571 of 2024 M/s.Kirubha Exports, Represented by its Proprietrix, Mrs.V.T.Kirubha, W/o.A.Vimal Kumar, No.9-41 B, Annai Bhavan, Kuzhithurai, Vilavancode Taluk, Kaniyakumari District-629 163.

... Petitioner Vs.

1.The General Manager, Credit Monitoring Cell, Tamilnadu Mercantile Bank Limited, Head Office, 1st Floor No.57, V.E.Road, Thoothukudi.

2.The Branch Head, Tamilnadu Mercantile Bank Limited, Thallakulam Branch, Monday Market, Kanyakumari District-802.

3.The Reserve Bank of India, Department of Banking Regulation, 13th Floor, Central Office Building, Mumbai-400 001.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to notice of personal hearing dated 22.07.2024 passed by the 1st respondent and quash the same and consequently direct the respondents to consider petitioners representation dated 16.02.2024 and furnish the required documents to the petitioner.

For Petitioner : Mr.C.Muthusaravanan For Respondents : Mr.N.Dilipkumar Standing Counsel

ORDER

The petitioner had earlier filed W.P.(MD)No.29395 of 2023. The writ petition was disposed of by me with certain directions. If according to the petitioner, without adhering to those directions, enquiry is proposed to be held, the only remedy open to the petitioner is to move the petition for contempt. The second writ petition will not lie.

2. Granting such liberty to the petitioner, the writ petition is disposed of. It is not as if the decision of the enquiry committee is going to be final and if the petitioner suffers some adverse decision, the petitioner can always question 2/4

the same in the manner known to law. The petitioner has sufficient remedies available. No costs. Consequently, connected miscellaneous petition is closed. 01.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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