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2020 Supreme(Ker) 671

S.MANIKUMAR, SHAJI P.CHALY
Asokan Vasu – Appellant
Versus
State Bank of India, Stressed Assets Recovery Branch – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. John K.George, Sri.P.P.Biju, Advs.
For the Respondent: Sri. Jawahar Jose, SC, Adv.

JUDGMENT :

Manikumar, J.

Instant writ appeal is filed against the judgment in W.P.(C) No.9126 of 2020 dated 16.09.2020, by which, a learned single Judge of this court, taking note of the default committed by the petitioner, including under the OTS Scheme, declined to grant the reliefs sought for, and dismissed the writ petition. Operative portion of the judgment reads thus :

    “3. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I find that although the petitioner has approached the respondent bank seeking the OTS Scheme, and the said benefits were extended to the petitioner, the petitioner did not make necessary payments under the scheme within the time granted by the bank. I also note that although the bank had unilaterally extended the time for paying the balance amounts under the OTS Scheme till 30.08.2020, the petitioner did not make the entire payment stipulated as per the OTS Scheme within the said extended period. This being the case, I am of the view that this Court cannot compel the respondent bank to extend the benef

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