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2024 Supreme(Online)(Mad) 47725
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice S.M.SUBRAMANIAM
N.Velusamy – Appellant
Versus
The Banking – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. Sr.No.145649 of 2023 N.Velusamy ... Petitioner Vs.
1. The Banking Ombudsman, Reserve Bank of India Building Floor II, No.16, Rajaji Salai, Chennai – 1.
2. The Sundaram Finance Ltd., 21, Pattullos Road, Chennai – 600 002.
3. The Managing Director, Sundaram Finance Ltd, 21, Pattullos Road, Chennai – 600 002.
4. The Branch Manager, Sundaram Finance Ltd., First Floor, D.No.397, L10, R.C.Building, Tharapuram Road, Ottanchatram Nagar, Dindigul District -624 622. ... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, to direct the 2nd to 4th respondent to issue a NOC and RC Book for agreement No.42200145 for the purchase of ASHOK LEYLAND LORRY bearing Registration Number TN 57, AW 3679.
For Petitioner : Mr.G.Prabhakar For R2 to R4 : Mr.S.Suresh
O R D E R
Today, this matter has been listed under the caption for 'for maintainability'.
nd
2. Admittedly, the petitioner borrowed a loan from the 2 respondent, which is a private financial institution. Therefore, the Registry of High Court of Madras raised an objection regarding the maintainability of the writ petition.
3. Mr.S.Suresh, the learned Counsel appearing on behalf of the respondents 2 to 4 made a submission that the arbitration proceedings have already been initiated and notice was issued to the petitioner. However, the petitioner has not appeared before the arbitrator.
4. May that as it be, the loan transactions with the private financial institution are not amenable to writ jurisdiction under Article 226 of Constitution of India. Thus, the writ petitioner is at liberty to redress his grievances in the manner known to law. The maintainability note raised by the Registry is approved. Consequently, the Writ Petition in W.P.
Sr.No.145649 of 2023 stands dismissed. No costs.
05.04.2024 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No veda To The Banking Ombudsman, Reserve Bank of India Building Floor II, No.16, Rajaji Salai, Chennai – 1.
S.M.SUBRAMANIAM,J.
veda
05.04.2024
