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2022 Supreme(Cal) 503

PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Fairdeal Supplies Limited – Appellant
Versus
Indian Overseas Bank – Respondent


Advocates appeared:
Mr. Jayanta Kumar Mitra, Sr. Advocate Mr. Suvasish Sengupta, Mr. Debdut Mukherjee, Mr. Kaushik Banerjee, Ms. Rashmita Sen, Advocates for the appellants, for the Appellant; Mr. R. K. Jha, Mr. M. Thakur, Advocates for the respondents

JUDGMENT

Prakash Shrivastava, CJ. - This intra-court appeal is at the instance of the writ petitioner challenging the order of the learned Single Judge dated 5th of April, 2022 whereby WPO 1916 of 2022 has been disposed of without granting any relief.

2. Appellant had filed the writ petition with the plea that he had obtained the cash credit and term loan facilities from the respondent No. 1 bank in 2005-2006 and the said facilities were enhanced from time to time and the appellant had business losses, therefore, default was committed and negotiation for OTS had started and in that process bank had sent the communication dated 12th of March, 2020, sanctioning the OTS for an amount of Rs. 16 crores for full and final settlement subject to certain terms and conditions. The appellant had paid certain amount in pursuance to the said letter and vide communication dated 29.09.2020 had made a request to the bank to extend the revised repayment schedule. Meanwhile, the bank had issued the show cause notice to the appellant No. 1 and its directors alleging that the appellants were willful defaulter. The appellant had given reply to the notice and thereafter had approached the writ Court with

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