THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is filed with the following prayers:-

A] Call for the entire records leading to Exhibit P1 and P2 and quash the same by using a writ of certiorari or any other appropriate order or direction.

B] Issue a writ of Mandamus or any other appropriate writ order or direction thereby direct the respondents not to recover any amount from the petitioner in pursuance to the Exhibit P1 and P2 as the claim raised in it as not legally recoverable.

C] Grant such other relieves which are just and necessary in the interest of justice.

2. The petitioner is a coolie and an unemployed person. He availed an educational loan of ₹1,50,000/- under Loan Account No.2484651000069 from the 4th respondent for the purpose of the education of his daughter, namely, P.I. Jasmine. The duration of the loan was four years. The repayment ought to have been started after completion of the B.Sc. Nursing course or within six years from the date of the loan, whichever was earlier.

3. The loan was availed in the year 2002 and repayment commenced from 2008 onwards. Thereafter, due to financial crisis, the petitioner committed default in repayment of the loan. The petitioner's daughter did not secure any employment. However, as per Ext.P1 and P2 demand notices dated 10.06.2018, the petitioner was asked to pay an amount of ₹4,04,496/-. Aggrieved by Exts.P1 and P2 notices, the petitioner has approached this Court by filing the above writ petition.

4. Though notice was served on the 4th respondent Bank, they chose not to appear before this Court. The learned counsel for the petitioner submitted that the loan was availed in the year 2002 and repayment commenced from 2008 onwards. However, the recovery notice was issued as per Ext.P1 only in the year 2018, after a lapse of ten long years, after commencement of repayment. Hence, it was submitted that the demand is barred by limitation and is not legally recoverable. Though the said contention has been specifically raised in the writ petition, the 4th respondent Bank though served with notice has not challenged the same by appearing before this Court or by filing any objection. On a perusal of the averments in the writ petition and on the basis of the documents produced, I find that the demand now raised as per Ext.P2 and P3 are hopelessly barred by limitation and are liable to be set aside.

5. When this case came up on 10.07.2018 this court granted an interim stay of all further proceedings on condition that the petitioner remits an amount of ₹50,000/-. Though it is submitted by the learned counsel for the petitioner that the petitioner had complied with the interim order passed by this court, no memo has been filed to prove the remittance of the amount and to whom the amount was paid.

Accordingly, the writ petition is allowed as follows:

Exts.P1 and P2 demand notices are set aside. The petitioner shall be at liberty to claim refund of the amount of ₹50,000/- (Rupees fifty thousand only), if any, paid pursuant to the interim order dated 10.07.2018 passed by this Court, if so desirous. In case of refund, the said amount shall not carry interest.