BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04/12/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P(MD)Nos.11026 to 11029 of 2008 and M.P(MD)Nos.1,1,1 and 1 of 2008 J.Senthamil Selvan . . . Petitioner in all WPs Vs. 1.The Chairman, Indian Bank, Head Office, No.66, Rajaji Salai, Chennai - 1. 2.The Branch Manager, Indian bank, Karuppayurani, Madurai - 20. . . . Respondents
in all WPs
PRAYER IN W.P.No.11026 OF 2008
Writ petition filed under Article 226 of the
Constitution of India, praying to issue a writ of mandamus, to call for the
records of the second respondent relating to public Auction Notice dated
05.11.2008 and auction to be held on 05.12.2008 in connection with the
petitioner’s jewel loan No.508200414 for the amount due Rs.13,613/- and quash
the same and further direct the second respondent to give the benefit to the
petitioner under Agricultural Debt Waiver and Debt Relief Scheme 2008 and waive
his jewel loan No.508200414 as per the second respondent’s letter dated
10.07.2008.
PRAYER IN W.P.No.11027 OF 2008
Writ petition filed under Article 226 of the
Constitution of India, praying to issue a writ of mandamus, to call for the
records of the second respondent relating to public Auction Notice dated
05.11.2008 and auction to be held on 05.12.2008 in connection with the
petitioner’s jewel loan No.715300898 for the amount due Rs.24,529/- and quash
the same and further direct the second respondent to give the benefit to the
petitioner under Agricultural Debt Waiver and Debt Relief Scheme 2008 and waive
his jewel loan No.715300898 as per the second respondent’s letter dated
10.07.2008.
PRAYER IN W.P.No.11028 OF 2008
Writ petition filed under Article 226 of the
Constitution of India, praying to issue a writ of mandamus, to call for the
records of the second respondent relating to public Auction Notice dated
05.11.2008 and auction to be held on 05.12.2008 in connection with the
petitioner’s jewel loan No.715772125 for the amount due Rs.25,727/- and quash
the same and further direct the second respondent to give the benefit to the
petitioner under Agricultural Debt Waiver and Debt Relief Scheme 2008 and waive
his jewel loan No.715772125 as per the second respondent’s letter dated
10.07.2008.
PRAYER IN W.P.No.11029 OF 2008
Writ petition filed under Article 226 of the
Constitution of India, praying to issue a writ of mandamus, to call for the
records of the second respondent relating to public Auction Notice dated
05.11.2008 and auction to be held on 05.12.2008 in connection with the
petitioner’s jewel loan No.508202332 for the amount due Rs.13,590/- and quash
the same and further direct the second respondent to give the benefit to the
petitioner under Agricultural Debt Waiver and Debt Relief Scheme 2008 and waive
his jewel loan No. 508202332 as per the second respondent’s letter dated
10.07.2008.
!For Petitioner … Mr.PT.S.Narendravasan
^For Respondents… Ms.Jayesh B.Dolia
for M/s.Aiyar & Dolia
* * * *
:COMMON ORDER
Heard the learned counsel for the petitioner and also Ms.Jayesh B.Dolia,
appearing for M/s.Aiyar & Dolia, learned counsel for the respondents.
2. At the time of hearing, the learned counsel for the petitioner as well
as the learned counsel for the respondents would make a submission in unison to
the effect that the petitioner may be permitted to apply to the Indian Bank
Circle Office, Madurai for waiver or rebate as the case may be and thereupon the
said authority shall consider it on merits after giving due opportunity of being
heard to the petitioner.
3. The learned counsel for the respondent stated that auction of the
jewels is not going to be held in the near future.
4. Hence, in these circumstances, the following direction is issued:
The petitioner shall apply to the Indian Bank Circle Office, Madurai for
waiver or rebate as the case may be and thereupon the said authority shall
consider it on merits after giving due opportunity of being heard to the
petitioner.
5. With the above direction, these Writ Petitions are disposed of. No
costs. Consequently, connected Miscellaneous Petitions are closed.
smn
To
1.The Chairman,
Indian Bank,
Head Office,
No.66, Rajaji Salai,
Chennai – 1.
2.The Branch Manager,
Indian bank,
Karuppayurani,
Madurai – 20.