Madras High Court
M/S.Shana Auto Laser Pvt. Ltd vs The General Manager on 25 September, 2018
Author: M. Duraiswamy
Bench: V.K.Tahilramani, M.Duraiswamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.09.2018 CORAM : THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.25231 of 2018 and W.M.P.No.29339 of 2018 M/s.Shana Auto Laser Pvt. Ltd. Rep. by is Managing Director Mr.A.Nambhi No.22/A2, New No.2/441-7, 1st Floor Durga Nagar, Anumepalli Agraharam Zuzuvadi Village Hosur - 635 126 .. Petitioner v. 1.The General Manager Indian Overseas Bank Zonal Office - Chennai Annexe Building, III Floor 763, Anna Salai Chennai - 600 002 2.The Zonal Officer Indian Overseas Bank Hosur IC Branch, Plot No.130 A SIPCOT Industrial Complex Hosur - 635 126 3. The Regional Manager Indian Overseas Bank 7/54, II Floor, Ideal Garden Complex Junction Road, Near Five Roads Salem - 636 004 4. The Duthorised Officer Indian Overseas Bank Hosur IC Branch, Plot No.130 A SIPCOT Industrial Complex Hosur - 635 126 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, directing the 2nd and 3rd respondents to consider the representation of the petitioner dated 11.08.2018 for OTS proposal as this court may deem fit and proper in the facts and circumstances of the case. For Petitioner : Mr.D.Thirunavurkarasu O R D E R
(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the representation of the petitioner dated 11.08.2018 for OTS proposal.
2. It is settled position that the bank cannot be compelled to accept the OTS proposal given by the borrowers or guarantors. It is for the bank to consider the proposal given by the borrowers or guarantors independently on merits. The petitioner has got no legal right to compel the respondent-bank to accept the OTS proposal.
3. In these circumstances a mandamus cannot be issued to the respondent-bank for considering the petitioner's OTS proposal. The writ petition is devoid of merits and the same is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
(V.K.T., CJ.) (M.D., J.)
25.09.2018
Index : Yes/No
Speaking Order/Non Speaking Order Rj To
1.The General Manager Indian Overseas Bank Zonal Office - Chennai Annexe Building, III Floor 763, Anna Salai Chennai - 600 002
2.The Zonal Officer Indian Overseas Bank Hosur IC Branch, Plot No.130 A SIPCOT Industrial Complex Hosur - 635 126
3. The Regional Manager Indian Overseas Bank 7/54, II Floor, Ideal Garden Complex Junction Road, Near Five Roads Salem - 636 004
4. The Duthorised Officer Indian Overseas Bank Hosur IC Branch, Plot No.130 A SIPCOT Industrial Complex Hosur - 635 126 THE HON'BLE CHIEF JUSTICE AND M. DURAISWAMY, J.
Rj W.P. No.25231 of 2018 and W.M.P.No.29339 of 2018 25.09.2018