Bombay High Court
Ta Genco Limited vs Bank Of Baroda And Anr on 11 April, 2022
Author: Madhav J. Jamdar
Bench: G.S. Patel, Madhav J. Jamdar
940-OSWP-10447-2022.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 10447 OF 2022
TA Genco Limited ...Petitioner
Versus
Bank of Baroda & Anr ...Respondents
Mr Shyam Mehta, Senior Advocate, i/b Jerome Merchant &
Partners, for the Petitioner.
Mr Zal Andhyarujina, Senior Advocate, with Animesh Bisht,
Madhav Kanoria, Anush Mathkar, Rishit Vimadalal & Shriji
Pandey, i/b M/s Cyril Amarchand Mangaldas, for Respondent
No.1.
CORAM G.S. Patel &
Madhav J. Jamdar, JJ.
DATED: 11th April 2022
PC:-
1. In our view, it is not possible to give the Petitioners the relief they seek. It is settled law that no writ of mandamus will issue at the instance of a borrower or an indebted entity to a lender to consider a proposal for financial relief whether as an OTS or otherwise. ARUN RAMCHNDRA Besides, the Petitioners have already moved the NCLT. They have SANKPAL even filed an appeal for identical reliefs before the NCLAT.
Digitally signed by ARUN RAMCHNDRA SANKPAL Date: 2022.04.12 15:53:41 +0530 Page 1 of 211th April 2022 940-OSWP-10447-2022.DOC
2. Therefore, while rejecting the Petition, we permit the Petitioners to make an appropriate application to the NCLAT or to proceed with an application or appeal if already made before that NCLAT including for the identical reliefs.
3. The Writ Petition is disposed of in these terms. There will be no order as to costs.
(Madhav J. Jamdar, J) (G. S. Patel, J) Page 2 of 2 11th April 2022