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2014 DIGILAW 2848 (MAD)

Ittarsi Premkumari v. Chief Manager/Authorised Officer, Indian Bank, Pattukottai

2014-08-25

M.JAICHANDREN, R.MAHADEVAN

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Judgment M. Jaichandren, J. 1. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct the respondent to consider the representation of the petitioner, dated 23.03.2014, and to pass appropriate orders thereon. 2. Today, when the matter was taken up for hearing, the learned counsel appearing on behalf of the respondent bank had placed before this Court, a reply given by the bank, dated 02.04.2014, which reads as follows : “With reference to the above we would like to furnish the following:- 1. As per RBI guidelines once the account is classified as NPA, interest will not be added to the outstanding balances and instead it will be charged and kept separately in Memorandum of Interest (MOI) Account. 2. Since the amount paid by you was not sufficient to cover overdues, the account could not be classified as regular account. 3. We are not urging you to close the account, we are only requesting you to pay the overdue instalments/interest and avoid SARFAESI proceedings. 4. We have demanded to pay only the unpaid interest/overdue as on 30.03.2014 which is Rs.107205/-. 5. The amount remitted by you since the date of NPA has been credited to your loan account and only when all the dues (EMI (current and past overdue) and interest upto date) are paid, account can be made regular. Therefore, amount of Rs.120140.18 mentioned in our letter of 14.03.2014 was the overdue amount as on the date of letter that needs to be remitted to bring the account to a regular status. 6. We furnish the present position of the account and request you to regularise the account. Facility Limit DL Balance as on 30.3.2014 Overdue amount Home Loan Rs.7,50,000 4,25,761 5,32,966 107205 This reply is given by us without prejudice to our rights conferred under SARFAESI Act-2002 and other alternative remedy available to the Bank/Secured Creditor.” In such circumstances, in view of the reply given by the respondent bank, as no further orders are necessary, this Writ Petition stands closed. No costs.