Karuppan v. The Regional Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.22307, 22308 and 22310 of 2023 Karuppan ... Petitioner -vs1.The Regional Director, Reserve Bank of India, 16, Rajaji Salai, Fort Glasis, Chennai - 600 001, Tamilnadu.

2.The Authorized Officer, Fincare Small Finance Bank LTD., 301-306, 3rd Floor, ABHIJEET - V, Opp. Mayor Banglow, Law Garden Road, Mithakhali, Ahamadabad - 38006, Gujarat.

3.The Branch Manager, Fincare Small Finance Bank LTD.,

19/201, Ground Floor, VVV Mahal, Pon Nagar, Trichy - 626 001.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarifed Mandamus, to call for the records of the impugned Sale Auction notice dated 14.08.2023 of the 2nd Respondent and quash the same and consequently, direct the 2nd Respondent to allow the Petitioner to pay the entire loan amount in installments fixed by this Hon'ble Court. For Petitioner :

Mr.R.Murugappan For Respondents :

No appearance for R1 Mr.D.Sathyaraj, Standing Counsel for R2 and R3

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The Writ Petition has been filed challenging the Auction Sale Notice dated 14.08.2023, issued by the 2nd respondent and consequently, to direct the 2nd respondent to allow the petitioner to pay the entire loan amount in instalments.

2. Today, when the matter was taken up for hearing, learned Standing Counsel appearing for the respondent bank fairly submitted that eventhough the

request of the petitioner for One Time Settlement was rejected earlier, the request of the petitioner for One Time Settlement would be duly considered, if he is otherwise eligible.

3. Recording the aforesaid submissions made by the learned Standing Counsel for the respondents 2 and 3 and considering the prayer sought for by the petitioner, if the petitioner is otherwise eligible, the respondents 2 and 3 are directed to consider request of the petitioner for One Time Settlement and take to appropriate decision within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. [D.K.K., J.] [R.V., J.] 02.01.2024 Index : Yes / No Internet : Yes / No SJ

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 02.01.2024