Madras High CourtWP(MD)/17360/2017dismissed

P.Arumugam, v. The Regional Director,

2024-12-04Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.13897 and 13898 of 2017 P.Arumugam .. Petitioner Vs.

1.The Regional Director, Reserve Bank of India, Fort Glacis, 16, Rajaji Salai, Chennai-600 001.

2.The Branch Manager, City Union Bank Ltd., Thasor Press Building, No.35, 1st Floor, Veppameedu Junction, Nagercoil.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the notice by the 2nd respondent vide NP1000 x 100/06-14 dated nil, quash the same and direct the 1st respondent to take appropriate action against the 2nd respondent on the representation of the petitioner dated 13.09.2017.

For Petitioner :

Mr.C.T.Perumal For R2 :

Mr.A.Thiagarajan For R1 :

No appearance

ORDER

Learned counsel for the petitioner would submit that in spite of his communication to the petitioner, the petitioner is not responding and therefore, would report 'no instructions'.

2. The prayer in the writ petition is to quash the notice issued by the second respondent and direct the first respondent to take appropriate action against the second respondent. The second respondent had issued notice to the petitioner for payment of the balance amount pertaining to two loan accounts with the second respondent-Bank.

3. The said dispute cannot be agitated in a writ petition under Article 226 of the Constitution of India, as the same arises out of a contract that had been entered into between the petitioner and the second

respondent. The Hon'ble Apex Court in the case of Federal Bank v. Sagar Thomas reported in (2003) 10 SCC 733, held that no writ petition can be entertained against a scheduled bank.

4. In view of the same, this Writ Petition is not maintainable and accordingly, the same is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 04.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To The Regional Director, Reserve Bank of India, Fort Glacis, 16, Rajaji Salai, Chennai-600 001.

K.KUMARESH BABU, J.

abr Dated: 04.12.2024