Madras High Court
V.Siva Kumar vs The Chief Regional Manager on 19 September, 2022
W.P.No.34230 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.No.34230 of 2018
W.M.P.No.39775 of 2018
V.Siva Kumar ... Appellant
Versus
1.The Chief Regional Manager,
Indian Overseas Bank,
Regional Office,
No.20-21 Kamarajar Street, Kanchipurma-631 501.
2.The Branch Manager,
Indian Overseas Bank,
Manappakkam Branch, Chennai-600 125.
3.The Branch Manager,
Indian Overseas Bank,
St.Thomas Mount Branch,
No.41, Main Road, Chennai-600 016.
(Cause Title amended as per order dated
20.12.2019 made in W.P.No.34230/2018 by CVKJ) ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India, to grant a
writ of certiorari or any other writ, order or direction in the nature of writ calling for
the records of the third respondent bearing impugned notice in jewel loan
No.46200549 dated 05.12.2018 and quash the same.
For Appellant : No Appearance
For R1 & R3 : No Appearance
For R2 : Mr.G.Mohammed Aseef
https://www.mhc.tn.gov.in/judis
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W.P.No.34230 of 2018
JUDGMENT
When the matter is taken up for hearing, the learned counsel appearing for the
respondents would submit that the dispute between the parties had already been
settled through Mediation and they filed a Settlement Agreement signed by both the
representative of the petitioner as well as by the respondents along with their
respective learned counsel appearing for the petitioner as well as for the
respondents. The said Settlement Agreement is extracted hereunder:
"1. Disputes and differences had arisen between the
Parties hereto and the case was filed on 19.12.2018 before the
Hon'ble High Court.
2. The matter was referred to mediation/conciliation
vide an order dated 29.11.2021 passed by The Hon'ble Justice
Mr.Krishnan Ramasamy.
3. The parties agreed that R.Dhanalakshmi would act as
their Mediator/Concilatior.
4. Several meetings were held during the process of
Mediator/Conciliation from 05.04.2022 to till date i.e on
12.09.2022 and the parties have with the assistance of the
Mediator/Conciliator voluntarily arrived at an amicable
solution resolving the above mentioned disputes and
differences.
5. The parties hereto confirm and declare that they have
voluntarily and of their own free will arrived at this Settlement
Agreement in the presence of the Mediator/Conciliator.
https://www.mhc.tn.gov.in/judis 6. The following settlement has been arrived at between
W.P.No.34230 of 2018
the Parties hereto:
A. that the petitioner herein agreed to pay the amount of
Rs.3,00,000/- (Rupees three lakhs only) within three month
from the date of OTS Settlement i.e on or before 31.10.2022 as
against the Mudra loan vide reference No.285303491500005.
B. That the Respondent agreed to receive the same as full and
final settlement.
C.That the petitioner has paid Rs.30,000/- as advance out
above said settlement amount of Rs.3,00,000/- and the
Respondent also received the same on 11.08.2022.
D. that both the parties agreed that if the petitioner failed to
repay the above said full amount of Rs.3,00,000/-, within three
months, from the date of settlement, the advance amount he
has paid would be considered as interest and the same would
be adjusted as against the pending amount. If the petitioner
fails to pay the amount before the prescribed time, then the
respondent bank is at liberty to initiate legal action against the
petitioner for recovery of full due.
E. That the Respondent agreed to settle the issues regarding
the jewel loan on settlement basis subsequent to this
settlement. It is pertinent to mention that the jewel loan should
be paid as per the satisfaction of the respondent bank and
thereafter only jewels will be released.
7. By signing this Agreement the Parties hereto state that they
have no further claims or demands against each other with
respect to W.P.No.34230/2018 and all disputes and differences
in this regard have been amicably settled by the Parties hereto
through the process of conciliation/Mediation."
https://www.mhc.tn.gov.in/judis
W.P.No.34230 of 2018
2. In view of the settlement arrived at between the parties, no further
adjudication needs to be arrived in this petition in respect of the grounds raised
therein.
3. Accordingly, this Writ Petition stands disposed of on the terms of the
Settlement Agreement. No costs. The Settlement Agreement shall form part of the
decree. Consequently, connected Miscellaneous Petition is closed.
19.09.2022
gbi
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
W.P.No.34230 of 2018
To
1.The Chief Regional Manager,
Indian Overseas Bank,
Regional Office,
No.20-21 Kamarajar Street, Kanchipurma-631 501.
2.The Branch Manager,
Indian Overseas Bank,
Manappakkam Branch, Chennai-600 125.
3.The Branch Manager,
Indian Overseas Bank,
St.Thomas Mount Branch,
No.41, Main Road, Chennai-600 016.
https://www.mhc.tn.gov.in/judis
W.P.No.34230 of 2018
KRISHNAN RAMASAMY, J.,
gbi
W.P.No.34230 of 2018
W.M.P.No.39775 of 2018
19.09.2022
https://www.mhc.tn.gov.in/judis
