Sakti Ranjan Das v. State Of West Bengal And ORS.

01.12.23 333 Ct. No.24 Sws.M WPA 21028 of 2023 Sakti Ranjan Das Vs The State of West Bengal & Ors.

Mr. S.P. Pahari ......for the Petitioner Mr. Avijit Sarkar Mr. Samrat Paul ......for the State Mr. P.K. Roy Mr. P.S. Pal Mr. Asis Dutta ...for the respondent Nos. 2&3 Mr. Madan Mohan Roy ....for the respondent Nos. 4 to 7 Supplementary affidavit filed in Court is taken on record.

The petitioner intends to avail the benefit of One Time Settlement Scheme of the Bank for clearing the dues. The petitioner submits that the Bank is not providing the OTS guidelines and is also not providing the banking statements relying upon which the calculation of dues is made.

It has been submitted by the learned advocate representing the Bank that, as on date, more than Rs. 25,00,000/- is due and payable by the petitioner. Notice was served upon the petitioner with a request to appear before the Bank on 31st August, 2023 so that the amount to be paid by him under the OTS guideline may be

intimated. The petitioner failed to appear on the scheduled date.

Upon hearing the submission made on behalf of both the parties and on perusal of the materials on record it appears that, admittedly, certain sum is due and payable by the petitioner to the Bank. The quantum of amount that is due has to be calculated in accordance with the policy of the Bank.

It appears from the documents annexed to the writ petition that, the petitioner never applied before the Bank with a request to provide the OTS guidelines. The petitioner has also not prayed for providing the statement of the default loan account.

The Bank is directed to intimate the petitioner the amount that is due and payable by him. The breakup of the defaulted loan account and the OTS guideline shall also be forwarded to the petitioner.

The aforesaid information along with the supporting documents shall be communicated to the petitioner at the earliest but positively by 12th December, 2023.

It will be open for the Bank to take necessary steps, in accordance with law, to recover the loan amount that is due.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(Amrita Sinha, J)