M/S Terracon Infra vs State Bank Of India
2021 Latest Caselaw 2592 Tel

       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

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

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

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