Delhi High Court - Orders
Sharp Industries Through: Sole ... vs Bank Of Maharashtra on 28 February, 2019
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2068/2019
SHARP INDUSTRIES THROUGH: SOLE PROPRIETOR RAJU
SOLANKI ..... Petitioner
Through: Mr. Sunil Dalal, Mr. Kartik Rathi &
Mr. Jaskaran Singh, Advs.
versus
BANK OF MAHARASHTRA ..... Respondent
Through: Mr. Santosh Kumar Rout, Adv. with
Mr. Rahul Singhal , Manager.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 28.02.2019 CM APPL. No. 9677/2019 (for exemption) Allowed, subject to just exceptions.
Application stands disposed of.
W.P.(C) 2068/2019 The petitioner, which is a sole proprietorship concern, seeks enforcement of the One Time Settlement Scheme called the 'Maha-Riyayat' Scheme issued by the respondent/Bank of Maharashtra in compliance of Circular dated 12.02.2018 issued by the Reserve Bank of India, which circular contains a revised framework on stressed assets with a harmonized and simplified generic framework for resolution of such assets.
2. It is the petitioner's contention that in spite of fulfilling all requirements under the 'Maha-Riyayat' Scheme, and even after the respondent bank issued to the petitioner a letter dated 12.11.2018 communicating that the petitioner was eligible for settlement under the said scheme, the respondent bank has not reverted to the petitioner's acceptance of the scheme vide petitioner's letter dated 08.01.2019.
3. Learned counsel appears for respondent/Bank of Maharashtra on advance copy.
4. At the outset, he states that the amount payable by the petitioner under the OTS Scheme as mentioned in letter dated 12.11.2018 viz. Rs. 125,98,865/- is a typographical error; and the correct amount is Rs. 81,56,839/- as contained in letter dated 14.12.2018 issued by the respondent bank.
5. Counsel for the petitioner states that the petitioner has never received letter dated 14.12.2018. A copy of the said letter is handed-up in court and is taken on record. A copy is also supplied to counsel for the petitioner in court.
6. After some submissions, learned counsel for the parties request that they may be referred for mediation to the Delhi High Court Mediation and Conciliation Centre to try and resolve their dispute.
7. Accordingly, parties are referred to mediation; and are directed to appear before the Delhi High Court Mediation and Conciliation Centre on 07th March 2019 at 3.00 pm, with a request to the Secretary of the Mediation Centre to appoint an appropriate mediator in the matter.
8. To report on the proceedings in mediation, list on 25th April 2019.
9. No notice is being issued in this petition, at this stage.
ANUP JAIRAM BHAMBHANI, J.
FEBRUARY 28, 2019/uj