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2022 Supreme(SC) 1127

M. R. SHAH, KRISHNA MURARI
State Bank of India – Appellant
Versus
Arvindra Electronics Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sanjay Kapur, Ms. Megha Karnwal, Mr. Arjun Bhatia, Ms. Akshata Joshi.
For the Respondents: Mr. D.P. Singh, Ms. Sonam Gupta, Bahuli Sharma, Taranjit Singh.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.03.2022 passed by the High Court of Punjab and Haryana at Chandigarh in CWP No. 12953 of 2018 by which in exercise of powers under Article 226 of the Constitution of India the High Court has granted further six weeks’ time to the original writ petitioner to make the payment of balance amount (Rs. 2.02 crores with interest) as per the sanctioned letter of OTS dated 21.09.2017, the State Bank of India has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

    2.1 That the State Bank of India (hereinafter referred to as ‘the Bank’) sanctioned a cash credit in favour of the respondent Arvindra Electronics Private Ltd. (hereinafter referred to as ‘Borrower’). In 2012, the account of the borrower was classified as NPA in 2015. The Bank came out with one time settlement (hereinafter referred to as ‘OTS Scheme’) dated 01.09.2017. OTS specifically provided for making payment as settled under the OTS scheme within six months from the date of sanction, else infructuous. The Bank sent OTS offer to the borrower for OTS and ledger outstanding as


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