Madras High Court
Hemamalini vs The Managing Director on 21 April, 2022
W.A.No.3019 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.04.2022
Coram:
THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Appeal No.3019 of 2021
--
Hemamalini .. Appellant
Vs.
1. The Managing Director,
The Tamilnadu Industrial Co-operative Bank Limited,
Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road, Egmore, Chennai-8.
2. The Branch Manager,
The Tamilnadu Industrial Co-operative Bank Limited,
9, Peramanur Main Road, Four Roads, Salem.
3. The Sales Officer/Auction Officer,
District Industries Centre,
Omalur Main Rd, SIDCO Industrial Estate,
Narasothipatti, Salem, Tamil Nadu-636 004. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the order
dated 28.10.2021 passed by the learned Single Judge, in W.P.No.23146 of 2021
on the file of this Court.
For appellant : Mr.R.Nalliyappan
For respondents : Mr.K.Seetharam for RR-1 and 2
Mr.P.Muthukumar, State Govt. Pleader for R-3
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W.A.No.3019 of 2021
JUDGMENT
(The Judgment of the Court was delivered by The Honourable Chief Justice)
The Writ Appeal has been filed challenging the judgment dated
28.10.2021 in W.P.No.23146 of 2021, wherein the said Writ Petition filed by the
appellant to seek direction to the respondents 1 and 2 to furnish statement of
loan account within a time frame, has been rejected by the learned Single Judge.
2. The learned Single Judge has dealt with the factual matrix involved in
the matter. Though the Writ Petition was filed only to seek statement of the loan
account, the factual matrix was given finding that on the default of payment of
loan amount, the respondents conducted the auction and the same was the
subject matter of challenge before this Court in W.P.No.11200 of 2021.
Considering the offer made in the said Writ Petition, it was disposed of on
05.05.2021 directing the writ petitioner to make payment to the satisfaction of
the Bank to show her bona-fides. During the pendency of the said Writ Petition,
the petitioner never asked to disclose her Bank loan account, and it is only to
delay the payment that the present Writ Petition was filed.
3. We find no illegality in the impugned order passed by the learned Single
Judge, because the writ petitioner is a defaulter and after filing the first Writ
Petition with a direction to the petitioner to make payment to the satisfaction of
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W.A.No.3019 of 2021
the Bank, to show her bona-fides, the subsequent Writ Petition seeking loan
account, was not bona-fide and otherwise, could have sought by her under the
Right to Information Act, 2005. Hence, the Writ Petition was not even
maintainable. Finding no error in the impugned order passed by the learned
Single Judge, the Writ Appeal is dismissed. There shall be no order as to costs.
(M.N.B., C J) (D.B.C.J)
21.04.2022
Speaking Order:Yes/no
cs
To
1. The Managing Director,
The Tamilnadu Industrial Co-operative Bank Limited,
Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road, Egmore, Chennai-8.
2. The Branch Manager,
The Tamilnadu Industrial Co-operative Bank Limited,
9, Peramanur Main Road, Four Roads, Salem.
3. The Sales Officer/Auction Officer,
District Industries Centre,
Omalur Main Rd, SIDCO Industrial Estate,
Narasothipatti, Salem, Tamil Nadu-636 004.
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W.A.No.3019 of 2021
THE HONOURABLE CHIEF JUSTICE
and
D.BHARATHA CHAKRAVARTHY, J
cs
Writ Appeal No.3019 of 2021
21.04.2022
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