ORDER :

Heard Shri. Dhyan Chinnappa, learned Senior Advocate for petitioner and Shri. D.S. Ramachandra Reddy, learned Advocate for respondent.

2. M/s. Bhagwan Cotton Ginners Pvt. Ltd., has borrowed money from Bank of Maharashtra during 2014. Bank has initiated recovery proceedings. Property mortgaged to the Bank has been brought to auction. The owner of the mortgaged property has presented this writ petition with a prayer inter alia to direct respondent -Bank to consider petitioner's OTS offer made in his representation dated January 16, 2021 in terms of 'Maha Rahat Yojana 2020-21' and 'Maha Samadhan Yojna 2020-21'.

3. Shri. Dhyan Chinnappa submitted that petitioner has submitted his representation on January 16, 2021 (Annexure-S) with an offer to pay Rs.4.4 Crores under the OTS Scheme. Since Bank has not considered the OTS proposal, petitioner has presented this writ petition. He submitted that the new OTS Scheme is non-discriminatory and non-discretionary in nature. As per the scheme, borrower's NPA account falls under the category 'Doubtful-III' which requires payment of 70% of the secured portion and 35% of the unsecured portion of the loan. Bank is duty bound to consider the OTS