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2015 Supreme(Cal) 678

HARISH TANDON
Arya Bhandar Pvt. Ltd. – Appellant
Versus
Kotak Mahindra Bank Ltd. – Respondent


Advocate Appeared:
For the Petitioner:Mr. Amit Gupta and Mr. Subrata Goswami, Advocates.
For the Opposite Party :Mr. Joy Saha, Mr. Anirudha Roy, Mr. Sarathi Dasgupta and Mrs. Sreetama Manna, Advocates.

JUDGMENT :

Harish Tandon, J.

The Debt Recovery Appellate Tribunal has remanded the original application to be considered afresh after setting aside the order passed by the Debt Recovery Tribunal allowing an application filed by the petitioner herein for direction upon the HDFC Bank to accept the payments in terms of One Time Settlement (OTS) issued by the Reserve Bank of India.

2. Bereft of unnecessary details, it would suffice the purpose of determining the points involved in this revisional application from the following facts.

3. A proceeding was initiated before the Debt Recovery Tribunal under Section 19 of the DRT Act by the State Bank of India, the opposite party no. 2 herein, for recovery of a sum of Rs. 1,38,67,768/- against the petitioners before the Debt Recovery Tribunal-I, Kolkata which was registered as OA No. 254 of 1999. In course of the said proceeding, a letter dated 27.01.2006 was issued by the Assistant General Manager of the SBI forwarding the proposal for One Time Settlement in terms of the guidelines issued by the Reserve Bank of India on non-performing assets account for Small and Medium Enterprises sector. The said letter reveals the minimum amount payable by t



























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