A. Muthu Bharathi v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.8393 of 2011 and M.P.No.1 of 2011 A.Muthu Bharathi : Petitioner Vs.

The Branch Manager, Canara Bank, K.Pudur Branch, Alagar Kovil Main Road, K.Pudur, Madurai 7.

: Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus directing the respondent not to venture into any punitive action like seizing the vehicle bearing Registration No.TN-59-AB-8518 and making any recovery from the credit of the petitioner's guarantor. For Petitioner : No Appearance For Respondent : No Appearance

O R D E R

This Writ Petition has been filed to direct the first respondent not to seize the vehicle bearing Registration No.TN-59AB-8518.

2. None appears on behalf of the petitioner. There is no appearance on behalf of the respondent also.

3. There is no question of issuing a Writ of Mandamus to restrain the respondent from seizing the vehicle. The matter is covered by a hypothecation agreement. I am, therefore, of the view that no Writ of Mandamus, as prayed for by the petitioner, could be issued in the facts and circumstances of the case.

4. The Writ Petition is dismissed with the above observation. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P&A) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To The Branch Manager, Canara Bank, K.Pudur Branch, Alagar Kovil Main Road, K.Pudur, Madurai 7.

ORDER MADE IN W.P.(MD)No.8393 of 2011 01.09.2016 NB SH/GSV-PM:21.09.2016:2P/2C https://hcservices.ecourts.gov.in/hcservices/