JUDGMENT

1. The writ petitioner seeks intervention of this Court under Article 226 of the Constitution of India, to compel the State Bank of India to allow him to participate in an OTS Scheme of 2021 dated January 13, 2022.

2. The facts relevant for the instant petition are that the petitioner has outstanding dues to the extent of Rs. 7 crores to the State Bank of India.

3. Two earlier OTS Schemes/settlements, compromises have failed. The petitioner, under the first settlement dated October 15, 2018, did not make any payment. The second settlement, recorded in an order of the Debt Recovery Tribunal at Siliguri on June 12, 2019 entitled 'consent decree' was also not honoured.

4. The bank invoked the terms of the 'consent decree' and applied for the original application being revived. On the bank's application, the Debt Recovery Tribunal recording that a 'consent decree' was passed on 12.06.2021, directed issuance of recovery certificate. The said order is pending challenge before the DRT itself.

5. Mr. Joy Saha, learned Senior Counsel appearing for the petitioner, by reference to the said OTS Scheme, particularly, Clauses 1(ii) to iv and v and 2.1 (a.ii) would argue before this Court tha