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2024 Supreme(Cal) 1354

SHAMPA SARKAR
Punjab National Bank – Appellant
Versus
Indian Care for Advancement & Research Education (ICARE) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Joy Saha, Senior Advocate Ms. Aparajita Rao.
For the Opposite Parties : Mr. Debnath Ghosal, Mr. Debanik Banerjee, Mr. Sarosij Dasgupta, Mr. Nilay Sarkar, Mr. Steven S. Biswas.

JUDGMENT :

(Shampa Sarkar, J.) :

1. The revisional application arises out of an order dated September 21, 2022 passed by the learned Debts Recovery Appellate Tribunal (DRAT) Kolkata, in Appeal Dy. No.12 of 2022 from an order passed by the learned Debts Recovery Tribunal-II (DRT), Kolkata, in IA 983 of 2021 arising out of OA No.94 of 2015.

2. The learned DRAT dismissed the appeal filed by the bank, thereby, affirming the order dated December 24, 2021 passed by the DRT-II. The learned DRAT was of the opinion that under the One Time Settlement Scheme (OTS) contained in the letter dated September 26, 2019, the initial period of three months was settled for payment of Rs. 5.50 crores by the borrower/opposite party No.1. There was a clause that in case of delay beyond three months, simple interest @ MCLR (applicable on the date of sanction on reducing balance basis) would be charged. Thus, even at the time of finalising the OTS proposal, the bank was conscious of the fact that there could be a situation where the payment could not be made by the borrower within the time stipulated in the OTS. The provision for charging interest had been kept by the bank to meet a situation when the borrow

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