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Karthick Construction Company Engineering and Constructor rep by its proprietor S. Senthil Kumar (Deceased) & Others v/s The Manager/Authorised Officer State Bank of Mysore Coimbatore & Others

    Writ Petition No. 3337 of 2013 & M.P.Nos. 1 & 2 of 2013

    Decided On, 22 August 2013

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MS. JUSTICE K. SUGUNA & THE HONOURABLE MR. JUSTICE M. DURAISWAMY

    For the Petitioners: S.N. Kirubanandam, Advocate. For the Respondents: R1, A.V. Radhakrishnan, R2 & R3, J. Venugopal, Advocates.



Judgment Text

(Prayer: Petition under Article 226 of the Constitution of India, for the issue of a writ of mandamus to direct the 1st respondent to consider the sale agreement dated 5.2.2013 and represen

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ation dt.6.2.2013 and direct the 1st respondent to give reasonable time of 3 to 4 months enabling the petitioner and the respondents 2 and 3 to mobilize and pay the entire outstanding of the petitioners loan accounts.)K. Suguna, J.This writ petition is filed for the issue of a writ of mandamus to direct the 1st respondent to consider the sale agreement dated 5.2.2013 and representation dated 6.2.2013 and for a further direction to give reasonable time to enable the petitioner and the respondents 2 and 3 to mobilize and pay the entire outstanding of the petitioner’s loan accounts.2. During the pendency of the writ petition, the Proprietor of the petitioner company, Senthilkumar died, consequently, his legal representatives were brought on record.3. As far as the mandamus sought is concerned, this Court is not inclined to grant the same.4. But, according to the learned counsel for the petitioners, in the event of the respondent Bank informing the arrears as on date, the same will be paid within a period of eight weeks.5. Since the request of the learned counsel for the petitioners seems to be reasonable, the 1st respondent Bank is directed to inform the petitioners, the amount due, as on date and on receipt of the same, thereafter, within a period of eight weeks, the petitioners are directed to pay the entire dues. In the event of failure on the part of the petitioners in making the above said payment within the above stipulated time, the 1st respondent Bank is at liberty to proceed further, in accordance with the rules.With this, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
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