JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. M/s. Shaun Automobiles Private Limited (in short “Shaun”) is the petitioner in WPA No. 13979 of 2023 and Citystar Infrastructures Limited (in brief “Citystar”) is the petitioner in WPA No. 13667 of 2023.

2. The causes of action and subject-matter of dispute in the two writ petitions being identical, the disputes are taken up for hearing together.

3. Shaun had taken a loan from the State Bank of India (SBI). Being unable to repay the same, the SBI initiated proceedings before the Debts Recovery Tribunal (DRT). Pursuant to the award of the Tribunal, recovery proceedings were initiated by the Bank, in which Shaun entered a One-Time Settlement (OTS) which culminated in a compromise between the judgment debtor and the Bank. The terms of the compromise were enumerated in a communication dated December 17, 2013, made by the Bank to Shaun.

4. The said compromise petition has been annexed to a supplementary affidavit used on behalf of the Citystar, affirmed on June 20, 2023. As per the terms, Rs.10.40cr was to be paid in full and final settlement of the claim, which was payable in several tranches. Out the said four tranches, the first was quantified as