Balaji Varatharajan v. Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(MD).No.17656 of 2021 Balaji Varatharajan ... Petitioner Vs.
1.The Union of India, Secretary to the Government, Ministry of Finance, New Delhi - 110 001.
2.The Regional Director, Reserve Bank of India, Fort Glacis, No.16, Rajaji Salai, Chennai - 600 001.
3.The Regional Manager, Axis Bank Ltd., Retail Agri Legal Support Team, 1st Floor, No.3, Club House Road, Annasalai, Chennai - 600 002.
4.The Manager, Collection/Operation/Customer Support, Retail Asset Center, 61/4B, By-Pass Road, Ramnagar, Arasaradi, Madurai - 625 016.
5.The Nodal Officer, Axis Bank Limited, Chennai Circle Office, II Floor, No.3, Club House Road, Chennai - 600 002.
6.Sanjay Associates, Maragatham Building, 107/1, Nethaji Road, Pappanaickanpalayam, Coimbatore - 641 037.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the fourth respondent to provide CV loans (4 Chassis Loans) 1/3
restructure, moratorium and ECLGS schemes to the petitioner as per the Relief Measures, frameworks and circulars for COVID-19 announced by RBI and Ministry of Finance for making the payment of Loan dues without any default in future on the basis of the petitioner's representation dated 17.11.2021.
For Petitioner : Mr.M.Sankar For Respondents : No appearance
ORDER
The petitioner has filed the present Writ Petition in the nature of Mandamus seeking a direction against the fourth respondent to provide CV loans (4 Chassis Loans) restructure, moratorium and ECLGS schemes to the petitioner as per the Relief Measures, frameworks & circulars for COVID-19 as announced by RBI & Ministry of Finance for making the payment of Loan dues without any default by considering the petitioner's representation dated 17.11.2021.
2. The petitioner had obtained loan from the fourth respondent. The petitioner apprehends that coercive actions will be taken by the said respondent namely the Axis Bank Limited to recover the loan amount. It is also informed by the learned counsel for the petitioner that the said respondent / Axis Bank Limited had initiated arbitration proceedings in accordance with the terms and as a matter of fact, notice had also been received by the petitioner and the hearing is fixed today/25.11.2021.
3. The petitioner may very well seek relief as per the Arbitration and Conciliation Act, 1996 before the learned arbitrator and I am confident that if there are merits in such application, the arbitrator would bestow attention and examine the application on its true merits.
4. With the said observations, giving liberty to the petitioner to go before the authority who is already seized of the matter, the Writ Petition is disposed of. In view of the order passed, notice is not issued to any of the respondents. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm 2/3
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.The Secretary to the Government, Union of India, Ministry of Finance, New Delhi - 110 001.
2.The Regional Director, Reserve Bank of India, Fort Glacis, No.16, Rajaji Salai, Chennai - 600 001.
3.The Regional Manager, Axis Bank Ltd., Retail Agri Legal Support Team, 1st Floor, No.3, Club House Road, Annasalai, Chennai - 600 002.
4.The Nodal Officer, Axis Bank Limited, Chennai Circle Office, II Floor, No.3, Club House Road, Chennai - 600 002.
+1 CC to M/s.P. PETHU RAJESH, Advocate ( SR-35896[F] dated 25/11/2021 ) 25.11.2021 PS(CO) TR(17.12.2021) 3P 6C 3/3