← Library
Madras High CourtWP(MD)/21005/2024dismissed

M/S. Arun Cooling Home v. Canara Bank

2024-09-04Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s.Arun Cooling Home, Rep.by its Partner, Mr.D.Kabaleeswaran, No.24, Chittakara Street, Madurai-625 001.

...Petitioner

-vs1.Canara Bank, Rep.by its Chief Manager, East Veli Street Branch, Madurai-625 001.

2.Reserve Bank of India, Fort Glacis, No.16, Rajaji Salai, Fort St George, Chennai-600001.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus directing the first respondent to refund a sum of Rs.4,00,000/- which was charged as processing charges and Rs.3,20,200/- which was charged as pre-closure charges to the petitioner.

For Petitioner : Mr.T.Selvan 1/4

ORDER

The petitioner has filed this writ petition seeking a direction to the first respondent to refund a sum of Rs.4,00,000/- which was charged as processing charges and Rs.3,20,200/- which was charged as pre-closure charges to the petitioner.

2.Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents is dispensed with. 3.The petitioner has availed a loan from the first respondent bank. At the time of borrowal, the first respondent collected a sum of Rs.4,00,000/- as processing charges. Thereafter, the petitioner pre-closed the said loan due to some difference of opinion with the respondent bank. Now, the respondent bank had deducted a sum of Rs.2,66,600/- and Rs.54,200/- as pre-closure charges. Seeking to refund the said amount, the petitioner has filed this writ petition.

4.At the outset, this Court is of the view that borrowal of loan and pre-closure of the same is the contractual obligation between the 2/4

petitioner and the first respondent bank, for which the power conferred under Article 226 of the Constitution of India cannot be invoked. It is for the petitioner to file a necessary suit before the competent civil court to redress his grievance. Accordingly, this writ petition is dismissed. No costs.

04.09.2024 Index : Yes / No Internet : Yes / No ta To 1.Canara Bank, Rep.by its Chief Manager, East Veli Street Branch, Madurai-625 001.

2.Reserve Bank of India, Fort Glacis, No.16, Rajaji Salai, Fort St George, Chennai-600001.

3/4

N.SATHISH KUMAR, J.

ta 04.09.2024 4/4