M.Karuppasamy vs The Governor
2021 Latest Caselaw 4756 Mad

                                                                          W.A.(MD)No.1234 of 2020

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 23.02.2021

                                                     CORAM

                             THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                             AND
                              THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                              W.A.(MD)No.1234 of 2020
                                                       and
                                             C.M.P.(MD)No.6878 of 2020

                M.Karuppasamy                                                   ... Appellant

                                                        Vs.
                1.The Governor,
                  Reserve Bank of India,
                  Mumbai.

                2.The Zonal Manager,
                  HDFC Bank,
                  North Veli Street,
                  Madurai.

                3.The Branch Manager,
                  HDFC Bank,
                  Rajapalayam Branch,
                  Tenkasi Road,
                  Rajapalayam,
                  Virudhunagar District.                                        ... Respondents
                Prayer : Writ Appeal filed under Clause 15 of the Letter Patent, against the
                dated 09.12.2020, passed in W.P.(MD)No.712 of 2020.
                             For Appellant               : Mr.S.M.Anantha Murugan

                             For Respondents             : Mrs.A.Banumathy
                                                           for Mr.A.Anbalakan
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                                                                             W.A.(MD)No.1234 of 2020



                                                 JUDGEMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

The appellant filed the Writ Petition seeking a Writ of Mandamus,

directing respondent No.1 to consider the representation made by the appellant,

by accepting the monthly installments.

2.Pursuant to the hire purchase agreement, followed by violation, the

vehicle was seized by the respondents. The appellant made some payment

initially, followed by some more demand. Now, the learned counsel appearing

for the appellant submitted that the appellant has paid a sum of Rs.12,44,120/-.

However, the learned counsel appearing for the respondents submitted that the

due as on today is Rs.10,65,398/- by way of E.M.I. and the foreclosure amount

is Rs.21,11,287/-. Therefore, the request is not feasible for consideration.

3.As rightly submitted by the learned Single Judge, we have no role to

play in this matter. Though the learned counsel appearing for the appellant

quoted the Pandemic situation, the respondent is not amenable and the

transaction is commercial. Therefore, we do not find any reason to interfere

with the order of the learned Single Judge. However, our order will not stand in

the way of the respondents to consider the appellant's request. The appellant is

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W.A.(MD)No.1234 of 2020

at liberty to approach the respondents within a week. We hope and trust, the

request of the appellant will be considered by the respondents in accordance

with law.

4.This Writ Appeal is disposed of accordingly. No costs.

Consequently, connected Miscellaneous Petition is closed.

                Index    :Yes/No                             [M.M.S.J.,]      [S.A.I.J.,]
                Internet :Yes                                        23.02.2021
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Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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W.A.(MD)No.1234 of 2020

M.M.SUNDRESH, J.

AND S.ANANTHI, J.

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W.A.(MD)No.1234 of 2020

23.02.2021

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