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2008 Supreme(Del) 572

S.RAVINDRA BHAT
Babusha International – Appellant
Versus
Canara Bank – Respondent


Advocates Appeared:
H. L. Tiku, Sr. Counsel with Ms. Yashmeet and Thakur Sumit, for Petitioner; N. A. Khan, Sanjay Batra, Y. P. Narula, Sr. Counsel with Gautam Narula and Anil Panwar and Pramod, for Respondent.

ORDER :- In these proceedings, under Article 226 of the Constitution of India, the petitioner, a sole proprietary concern of Shri Virender Khullar, challenges a letter dated 25th August, 2005 (hereafter "the impugned letter") written by the respondent, Canara Bank (hereafter "the bank") withdrawing the One Time Settlement (OTS) in respect of its (the petitioner's) liabilities.

2. The facts necessary to decide the case are the petitioner borrowed amounts from the respondent, Canara Bank in February, 1997. The total limit sanctioned was Rs. 1.7 crores. These were commercial advances. The advances were secured through collateral security, by mortgaging property bearing No KP-124, HSIDC, Industrial Area, Kundli Tehsil, District Sonepat, Haryana. The petitioner was unable to repay the amounts in time and incurred a liability to the extent of Rs. 1.31 crores. The Bank filed an application for recovery of that amount with interest before the Debts Recovery Tribunal, (DRT) New Delhi, on 4-6-1999. The application was decreed by the DRT on 15-10-2003 and a recovery certificate for the sum of Rs. 1,34,75,360/80 was issued against the petitioner. The Bank instituted recovery proceedings being R































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