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2011 Supreme(P&H) 1380

K.KHANNAN
Navdeep Thea Tres (P) Ltd. – Appellant
Versus
Punjab and Sind Bank – Respondent


For the Petitioner:Mr. R.N. Raina, and Ms. Deepali Puri, Advocates.
For the Respondent Nos.1, 3 & 4:Mr. I.P. Singh, Advocate.
For the Respondent Nos.2 & 5: None.

JUDGMENT

Mr. K. Kannan, J.: - The writ petition challenges the rejection of a claim for consideration for One Time Settlement (for short, “OTS”), a proposal sought by the petitioner with the respondent-Bank for settling the loans which the petitioner had availed form the respondent-Bank. The proposals were required to be undertaken for consideration pursuant to direction issued in CWP No.15237 of 2005 dated 31.01.2008. The direction contained in the order was in such a situation where on the previous occasions, the Bank had considered the scheme for OTS but on every occasion, the settlement did not come through, when the petitioner was pressing for adjustment of some amounts allegedly due by the Bank to the petitioner way of rent. The guidelines of OTS also were periodically issued by the Reserve Bank of India first in the year 2000, later in the year 2003 and still later in the year 2005 that required formulations to be applied. At the time when Division Bench was issuing the direction, the Court observed that the Bank shall consider the claims of OTS within a period of one months in the light of the schemes instructions of the Reserve Bank of India dated 03.09.2005.

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