Madras High Court
R.Prabakaran vs 2 The Canara Bank on 16 September, 2022
W.A.No.2131 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2022
CORAM :
THE HON'BLE MR.M.DURAISWAMY,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.A.No.2131 of 2022
R.Prabakaran . ... Appellant
Vs.
1 The Banking Ombudsman,
O/o.The Banking Ombudsman,
Reserve Bank of India Building (II Floor),
Fort Glacis, Post Box No.40,
16, Rajaji Salai,
Chennai-600 001.
2 The Canara Bank,
Rep. by The Branch Manager,
SME Branch,
No.80, A.K Complex,
Kamatch Amman Koil Street,
Pondicherry-605 001. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order
dated 07.12.2021 1passed in W.P.No. 342 of 2018..
For Appellant : Mr. K.S. Karthik Raja
Page 1/5
https://www.mhc.tn.gov.in/judis
W.A.No.2131 of 2022
JUDGMENT
(Judgment was delivered by the Hon'ble Acting Chief Justice)
Challenging the order passed by the learned Single Judge in
W.P.No. 342 of 2018, dated 07.12.2021, the Writ Petitioner has filed
the above Writ Appeal.
2. The appellant filed the Writ Petition to issue a Writ of
Certiorarified Mandamus to call for the records of the 1st respondent
pertaining to his proceedings dated 07.12.2017 and the 2nd respondent
pertaining to his proceedings dated 10.11.2017 and to quash the same
and consequently directing the respondents to sanction the loan claimed
by the petitioner vide applications dated 26.04.2017 and 31.18.2017.
3. The case of the appellant is that he applied for a loan from the
respondent-bank, however, they declined to grant the loan. Challenging
the said proceedings, the appellant filed the Writ Petition.
Page 2/5
https://www.mhc.tn.gov.in/judis
W.A.No.2131 of 2022
4. So far as the grant of loan is concerned, it is only within the
purview of the Bank and the Court cannot give a direction to the Bank to
grant any loan. The bank can consider the credentials of the appellant
while granting the loan for the reason that the banks are dealing with the
public money and they cannot advance loan without having any security.
In such view of the matter, the learned Single Judge has rightly
dismissed the writ Petition.
5. In these circumstances, we do not find any reason to interfere
with the order passed by the learned single Judge. The Writ Appeal is
devoid of merits and the same is dismissed. No Costs.
[M.D., ACJ.] [S.M., J.]
16.09.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Rj
To
Page 3/5
https://www.mhc.tn.gov.in/judis
W.A.No.2131 of 2022
1 The Banking Ombudsman,
O/o.The Banking Ombudsman,
Reserve Bank of India Building (II Floor),
Fort Glacis, Post Box No.40,
16, Rajaji Salai,
Chennai-600 001.
2 The Branch Manager,
Canara Bank,
SME Branch,
No.80, A.K Complex,
Kamatch Amman Koil Street,
Pondicherry-605 001.
M.DURAISWAMY, ACJ
AND
Page 4/5
https://www.mhc.tn.gov.in/judis
W.A.No.2131 of 2022
SUNDER MOHAN,J.
Rj
W.A.No.2131 of 2022
16.09.2022
Page 5/5
https://www.mhc.tn.gov.in/judis
