Karmaveer Pratishthan Jalna Through Its President v. Maharashtra Gramin Bank Through Its General Manager And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 WRIT PETITION NO.13446 OF 2023 KARMAVEER PRATISHTHAN JALNA THROUGH IT'

S PRESIDENT

VERSUS

MAHARASHTRA GRAMIN BANK THROUGH ITS GENERAL MANAGER AND ANOTHER Mr.S.V.Dixit, Advocate for the Petitioner.

Mr.P.P.Shahane, Advocate for Respondent No.1. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : OCTOBER 30, 2023 PER COURT :

1.

The Petitioner is before this Court practically by way of a chance petition praying that this Court should issue a Writ of Mandamus to the Respondent Maharashtra Gramin Bank directing it to accept the OTS proposal of the Petitioner.

2.

The learned Advocate for the Bank has placed on record a copy of the judgment delivered by the Debts Recovery Tribunal at Aurangabad in Securitization Application No.290/2023 dated 18.10.2023. While delivering the judgment, we find that the learned khs/Oct.2023/13446

- 2 - D.R.T. has come to a conclusion that the auction of the property has been done. Rs. 90,00,000/- was the offset price and the auction fetched an amount of Rs.2.79 crores. This was a third attempt to auction the mortgaged property. The Petitioners/co-applicants proposed only Rs.80,00,000/- as a settlement amount and have tried to deposit Rs.8,00,000/-. The learned Tribunal further concluded that when the Bank succeeded in getting a huge amount through the auction proceeds to meet the loan account, there would be no reason for the Bank to now enter into an OTS for a paltry amount of Rs.80,00,000/-.

3.

The Petitioner does have a statutory remedy of approaching the Appellate Tribunal.

4.

In view of the above, we do not find that this is a fit case for issuing a Writ of Mandamus to a Bank to accept an OTS. This Petition, therefore, is dismissed.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Oct.2023/13446