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2018 Supreme(Mad) 4043

S.MANIKUMAR, SUBRAMONIUM PRASAD
Kabira Mariyam – Appellant
Versus
Assistant General Manager/Indian Overseas Bank, Chennai – Respondent


Advocates Appeared:
For the Petitioner:S.N. Amarnath, Advocate

JUDGMENT :

S. Manikumar, J.

1. Petitioner has availed a Term Loan from Indian Overseas Bank, Chennai, for purchase of house under the Home Loan Scheme. According to the petitioner, she has paid a sum of Rs.12,09,207/- to the vendor towards land cost and construction. A sum of Rs.50 Lakhs was availed as loan on 12.09.2011 and as per the terms and conditions, she has to repay the same by EMI of Rs.54,250/- per month, inclusive of interest for 240 months. Petitioner has further submitted that till October 2015, she was making payment promptly. Her husband fell sick. Business came to stand still and therefore, she could not repay the EMI for about eight months, due to paucity of funds.

2. Petitioner has further contended that even before the demand notice dated 17.04.2017 was issued under Section 13(2) of the SARFAESI Act, 2002, she made an attempt to settle the loan account and hence, sent a representation dated 07.04.2017 to the bank. As the said representation, was not answered, petitioner has filed, WP No.28466 of 2018, for a writ of mandamus, directing the respondent to consider the representation dated 07.04.2017. Though notice has been ordered, respondent has not entered appearance














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