Shradha S. Walawaikar v. The Assistant General Manager, Bank Of Maharashtra And 5 ORS

2025:BHC-GOA:436-DB Shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.8 OF 2025 SHRADHA S. WALAWAIKAR ... PETITIONER

Versus

THE ASSISTANT GENERAL MANAGER, BANK OF MAHARASHTRA AND 5 ORS ... RESPONDENTS Mr. Shivan Desai, Ms. Tahira Menezes and Ms. Sukant Halarnkar, Advocates for the Petitioner.

Mr. Purushottam R. Karpe and Ms. Samiksha Narvekar, Advocates for Respondent Nos.1, 2 and 3.

Mr. Suhas Parab, Additional Government Advocate for Respondent No. 5.

Mr. Suhas Walawaikar, Respondent No. 6 present in person. CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ.

DATED :- 13th March, 2025 P.C.

1.

The parties have placed the minutes of order duly signed by the Advocates for the petitioner and respondent nos. 1, 2, 3 and 6 on instructions of the respondent. The minutes of the order is taken on record and marked as exhibit 'X' for identification. 2.

Upon payment of the outstanding amount in terms of this order, the cibil entries posted by the Bank as regards the petitioner

and the respondent No. 6(Guarantor) be removed. 3.

The petition is disposed of in terms of the following minutes of the order:

MINUTES OF ORDER

1. The Petitioner had put forth the OTS proposal for revalidation of the earlier proposal with Respondent no. 3. The Respondent no. 3 had forwarded the OTS proposal before the concerned committee of Respondent No. 3 for consideration. The concerned committee of Respondent no. 3 had sanctioned/revalidated the OTS proposal of the Petitioner and the same has been communicated to the Petitioner on 13.03.2025. The Petitioner accepts, acknowledges and undertakes to comply with the terms and conditions as mentioned in the OTS sanction letter dated 12.03.2025 and upon such payment of the balance amount mentioned in the said letter, the Respondent No. 3 shall issue no due certificate to the Petitioner and/or NOC to the Petitioner within 48 working hours from the date of OTS payments. The said letter is annexed hereto and marked as Annexure 1.

2. On receipt of No Due Certificate and/or the

NOC given by Respondent Bank, the Petitioner shall be entitled to approach Respondent No 4 (EDC) to release Rs. 35 lakhs in terms of Government Debt relief scheme for mining affected borrowers of FI/Banks extended upto 31.03.2025. The same shall be decided by Respondent No 4 (EDC) on its own merits and in accordance with the applicable scheme upon the application of the Petitioner as expeditiously as possible.

4.

Parties to act on an authenticated copy of this order. NIVEDITA P. MEHTA, J. M. S. KARNIK, J. Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 13/03/2025 16:37:54