Bajarangi Agency v. Canara Bank,Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.36784 of 2021 ....

Petitioners Bajarangi Agency and Others Mr. Avijit Pal, Advocate -versusCanara Bank and Others ....

Opp. Parties Mr. A.K. Mishra-2, Advocate for the Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN Order No.

ORDER (ORAL) 10.05.2022 02.

1. This matter is taken up by virtual/physical mode.

2. Petitioner No.1 is the partnership firm of Petitioner Nos.2 and 3. By filing the present writ petition, a writ of mandamus is sought for issuing a direction to the Bank to consider the fresh OTS proposal of the Petitioner-defaulters as per the RBI guidelines.

3. At the time of hearing, learned counsel for the Petitioners submits that the Petitioners have already filed a Securitisation Application No.64 of 2020 before the DRT, Cuttack and the accepted fact that in view of the recent judgment passed by the Hon'ble Supreme Court in Bijnor Urban Cooperative Bank Limited, Bijnor and others Vrs. Meenal Agarwal and others, AIR 2022 SC 56 no direction can be issued by the

// 2 // Court to the Bank to accept the OTS proposals dehors the terms of the policy. Thus, he prays for withdrawal of the writ petition to enable his client to pursue their remedy in accordance with law.

4. In view of the above, the writ petition is dismissed as withdrawn with the aforesaid liberty.

(Jaswant Singh) Judge (M.S. Raman) Judge May 10th, 2022 Cuttack AKK