Madras High CourtWP(MD)/14429/2018dismissed as infructuous

S.Karunanithi v. The Branch Manager

2021-12-06Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan2 pages

W.P(MD)Nos.14429 and 14430 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)Nos.14429 and 14430 of 2018 S.Karunanithi ... Petitioner in W.P.(MD) No.14429/2018 K.Selva Ganesh ... Petitioner in W.P.(MD) No.14430/2018 Vs.

1.The Branch Manager, Lakshmi Vilas Bank, Tenkasi Branch, Tirunelveli District.

2.The Regional Manager, Regional Office, Lakshmi Vilas Bank, 1st Floor, D.No.49A, Bharathi Ula Road, Race Course, Thallakulam, Madurai - 625 002.

3.The Managing Director, The Lakshmi Vilas Bank Ltd., Corporate Office, LVB House, 4/1, Sardar Patel, Guindy, Chennai - 600 032.

Tamil Nadu.

4.The Lakshmi Vilas Bank, Commercial Banking Branch South Wing, Ground Floor, Registered Office Building, Salem Main Road, Kathaparai, Karur - 639 006.

5.Shri.R.Lakshmi Kanth Rao, c/o. Reserve Bank of Indian, Bank Ombudsman, Fort Glacis, Chennai - 600 001. ... Respondents in both the Writ Petitions Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents to consider the representations dated 18.05.2018 for restructuring of loan as either term loan, or to release the loan amount to the value of mortgage with the respondent bank with in a stipulated time by this Hon'ble Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)Nos.14429 and 14430 of 2018 For Petitioner in both : No appearance the Writ Petitions For Respondent Nos.1 : Mr.Pala Ramasamy and 2 in both the Standing Counsel Writ Petitions COMMON ORDER (Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The borrowers have filed these Writ Petitions, seeking for a direction upon the Respondents to consider their representations dated 18.05.2018, for restructuring of loan as either term loan, or to release the loan amount to the value of mortgage with the respondent bank.

2.When the matter is called today, there is no representation for the petitioner in these Writ Petitions.

3.The learned Standing Counsel appearing for respondent Nos.1 and 2 submitted that after the Writ Petitions were filed, the petitioner in these Writ Petitions agreed for settling the amount under 'One Time Settlement' scheme. Accordingly, OTS was offered to them on 22.07.2021. Though it is stated by the learned Standing Counsel for respondent Nos.1 and 2 that the petitioner in these Writ Petitioners did not honour the OTS within the time mentioned, informs the Court that they have already sought for further time for settling the issue.

4.In view of the subsequent developments, the question of restructuring of loan does not arise. Hence, these Writ Petitions are dismissed as infructuous. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sj 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.

W.P(MD)Nos.14429 and 14430 of 2018 06.12.2021 RK(21/12/2021) 2P 1C https://hcservices.ecourts.gov.in/hcservices/ 2/2