HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
AND
HON'BLE JUSTICE G.SRI DEVI
Writ Petition No.13092 OF 2021
JUDGMENT:(per Hon'ble Sri Justice A.Rajasheker Reddy)
This Writ Petition is filed seeking writ of mandamus
declaring the action of the respondent Bank in refusing OTS
scheme to the 1st petitioner as per the Scheme for One Time Settlement of NPAs offer letter dated 19.10.2020 and further permit the 1st petitioner to pay the balance amounts as per the OTS Scheme for OTS NPAs offer letter dated 19.10.2020.
It is the case of the petitioner that the petitioners made an application on 12.11.2020 for grant of OTS scheme and he has paid Rs.2,00,000/- on the same day and thereafter, OTS was sanctioned on 20.11.2020 with certain conditions for payment of the balance amount i.e., 10% amount has to be paid as per condition Nos.iv and v of the letter dated 20.11.2020 filed along with counter affidavit. The petitioner deposited first instalment except Rs.10,530/-, which could not be paid due to calculation error. When the same is pointed out, the petitioner came forward to pay the same, but the respondent Bank refused to receive the same, as such petitioner filed the present writ petition in the month of June, 2021. But in spite of the same, the respondent Bank 2 has not received the 2nd instalment which is due and payable till July, 2021.
The 1st respondent Bank has filed counter admitting that the petitioner is due and he could not deposit only Rs.10,530/- within time and that the respondent Bank could not receive the same under OTS as the respondent Bank has no power to extend time for payment of OTS amount as the OTS scheme is non discriminatory and non discretionary, as such no exception can be taken.
Sri N.Meher Prasad, learned Standing counsel for the respondent Bank vehemently opposed the writ petition stating that the Bank cannot extend time for payment of amount under OTS scheme as it has no power and discretion to extend the time. He also submits that the petitioner has agreed for the OTS and has to pay the same as per the Scheme.
In this case, it is to be seen that in the reply affidavit, the 2nd petitioner has filed a certificate showing that himself and his family members were affected with Covid-19 and due to calculation error, the amount of Rs.10,530/- could not be deposited within time.
Learned Senior Counsel submits that the petitioner will pay said amount with interest, if time is granted.
In view of above facts and circumstances and also in view of peculiar covid-19 situation that the petitioner and his 3 family members were affected with covid, the writ petition is allowed directing the respondent Bank to receive balance OTS amount with interest from the date it fell due, within a period of two weeks from today. If the petitioner fails to pay the same, it is open for the respondent Bank to proceed in the matter in accordance with law.
There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_________________________ A.RAJASHEKER REDDY, J ______________ G. SRI DEVI, J Date:15.09.2021 tk/kvs 4 HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE JUSTICE G.SRI DEVI Writ Petition No.13092 OF 2021 Date: 15.09.2021 tk/kvs