IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
P.Selvam – Appellant
Versus
The General Manager, Reserve Bank of India – Respondent
Writ Petition
| Table of Content |
|---|
| 1. petitioner's claim for loan settlement relief. (Para 1 , 2) |
| 2. direction for consideration of representation. (Para 4) |
O R D E R
The petitioner has approached this Court seeking issuance of a Writ of Mandamus directing the respondents to permit the petitioner to settle the loan account under the One Time Settlement (OTS) scheme by considering the petitioner’s representation dated 22.12.2025.
2. The petitioner had availed a loan by mortgaging his house property. In order to redeem the mortgaged property, the petitioner submitted a representation calling upon respondents 2 to 4 to close the loan account under the One Time Settlement (OTS) scheme. The grievance of the petitioner is that the said representation has not been considered by respondents 2 to 4.
3. Mr. V. Sukumar, learned counsel appearing for respondents 2 to
4, on instructions, placed reliance on the judgment of the Hon’ble Supreme Court in The Bijnor Urban Cooperative Bank Limited, Bijnor and others vs. Meenal Agarwal and others (MANU/SC/125/2021). In the said decision, the Hon’ble Apex Court has categorically held that no Writ of Mandamus can be issued under Article 226 of the Constitution of India directing a financial institution or bank to grant the benefit of a One Time Settlement (OTS) scheme. It has been further held that grant of such benefit is subject to the eligibility criteria and guidelines of the scheme, and it is for the Bank to decide whether the borrower is entitled to such benefit.
4. In view of the above, this writ petition is disposed of with a direction to respondents 2 to 4 to consider the petitioner’s representation dated 22.12.2025 on its own merits and in accordance with law, and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.