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2023 Supreme(Del) 2206

PURUSHAINDRA KUMAR KAURAV
Ashima Goyal – Appellant
Versus
Reserve Bank of India – Respondent


Advocates appeared:
Mr. A.K. Singh, Mr. Shivam Garg and Mr. Tanuj Gulati, Advocates, for the Petitioner.
Mr. Sanjeev Bhandari, Mr. Sushant Bali, Mr. Kunal Mittal and Mr. Saurabh Tanwar, Advocates for R-2.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)

CM APPL. 15420/2023(for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

W.P.(C) 3953/2023 and CM APPL. 15419/2023

3. Learned counsel appearing on behalf of the petitioner has prayed for the following reliefs:

    "(i) direct respondent no. 1 in exercise its power U/s 45 (JA) of the Reserve Bank of India Act, 1934 to require respondent no. 2 to adhere to NPA norms applicable to MSME loan account, before deciding non-performing assets (NPA) in face of its Covid-19 pandemic directives and regulatory package directed to be drawn in accordance with Hon'ble Apex Court judgment circulated vide its circular dated 07.04.2021 (Annexure-G)

    (ii) Set-aside/quash respondent no.2's order dated 16.06.2021 (Annexure-I) being non-speaking non- reasoned and in violation, disregard to respondent no.1's directives applicable to MSMEs sector;

    (iii) direct respondent no. 2 to draw One Time Settlement in respect to petitioner loan account by enabling petitioner to deposit the same considering petitioner's property valued to be substantially & significantly much more than amount recoverable by respondent no.2 and payable by pe

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