M/S Narayan Industries vs State Bank Of India
2021 Latest Caselaw 3910 MP

                                                                               1                                 WP-2354-2021
                                                    The High Court Of Madhya Pradesh
                                                               WP-2354-2021
                                                              (M/S NARAYAN INDUSTRIES Vs STATE BANK OF INDIA)

                                        9
                                        Jabalpur, Dated : 03-08-2021
                                                Heard through Video Conferencing.
                                                Shri Ashish Anand Barnard, learned counsel for the petitioner.
                                                Shri J. Patel, learned counsel for the respondent.

Heard on I.A.No.6614/2021, which is an application for amendment of the petition.

Learned counsel appearing for the petitioner submits that the necessity of the amendment arose since the respondents have disclosed in the reply that the benefit of the Scheme dated 12.10.2020 is confined to those who are under D-1, D-2 and D-3 as on 31.3.2020. Therefore, now the petitioner is required to challenge the said Clause of the Scheme by way of amendment.

Learned counsel for the respondent has opposed the amendment and has placed reliance upon the Division Bench judgment of the Allahabad High Court reported in 2004 (3) Banking Cases 455 DB [Sardar Prem Singh Vs. Bank of Baroda & Ors.] ]by submitting that the petitioner has no right of OTS and the OTS depends upon the consent of the parties.

Since at this stage, this Court is not considering the merits of the amendment, therefore, considering the nature of controversy involved in the petition and the amendment proposed, we are of the opinion that the I.A. deserves to be allowed.

Hence, I.A.No.6614/2021 is allowed.

The petitioner is granted two week's time to incorporate the amendment and is also directed to file the copy of the amended petition.

In view of the amendment, the respondents will have right to file the additional reply, if required.

List after four weeks.

                                              (PRAKASH SHRIVASTAVA)                                    (VIRENDER SINGH)
                                                     JUDGE                                                     JUDGE


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Digitally signed by MRS PREETI TIWARI
Date: 2021.08.03 16:22:47 IST