Madras High CourtWP(MD)/23968/2017closed

M.Kirupakaran v. The Banking Ombudsman

2024-02-13Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Kirupakaran ... Petitioner Vs 1.The Banking Ombudsman, C/o.Reserve Ban of India, Flot Glacis, Chennai - 600 001.

2.The Zonal Manager (South Zone), Punjab Nationa Bank, 4th and 5th Floor, PNB - Towers, 46-49, Royapettah High Road, Chennai - 600 0014.

3.The Circle Manager, Circle Office Punjab National Bank, 179, Khanda Enclave, Ram Nagar, Coimbatore - 641 009.

4.The Branch Manager, Punjab National Bank, 6/69-A, 1st Floor, Crystal Press Building, Marthandam, Kanyakumari District - 629 165.

5.Freeda Mabel, W/o.Late Johnson ... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 to 4 to consider the petitioner's representation 30.11.2017 and 15.12.2017 within the time stipulated by this court. For Petitioner : Mr.M.R.Sreenivasan, For Respondent : No representation Nos.2 and 3 For Respondent : Mr.C.Murugavel No.5

ORDER

The petitioner stood as a guarantor to one Johnson, the husband of the 5th respondent for the loan availed by him from the national bank in the year 2016. The respondent bank has taken action as against the guarantor that the borrower passed away and the legal heirs are not taking any steps to settle the dues. Therefore, the petitioner has filed this writ petition for a direction to the respondent bank to collect the loan amount from the legal heirs of the borrower by considering his representation. 2/4

2.When this writ petition is taken up for hearing the learned Counsel for the petitioner submits that the petitioner in order to avoid the attachment of the property has paid the amount borrowed by the borrower, Johnson, the husband of the 5th respondent. Therefore he has requested this Court to withdraw this writ petition and to make claim as against the legal heirs of the borrower. He has also made an endorsement to that effect.

3.Recording the above submission, this writ petition is closed. No costs.

13.02.2024 Internet : Yes / No DSK 3/4

B.PUGALENDHI, J.

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