Delhi High Court - Orders
Jitendra Kejriwal vs Oriental Bank Of Commerce & Anr on 16 November, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11426/2019 & CM APPLs. 47009/2019, 6751/2020,
46812/2022
JITENDRA KEJRIWAL ..... Petitioner
Through: Mr. Anirudh Bakhru, Mr. Ayush Puri,
Ms. Tejaswini Chandrashekhar and
Mr. Umang Tyagi, Advocates.
versus
ORIENTAL BANK OF COMMERCE & ANR ..... Respondents
Through: Mr. S.K. Sharma, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 16.11.2022
1. Pursuant to orders dated 28th October, 2022 and 2nd November, 2022, Mr. S.K. Sharma, counsel for Respondent No. 1, on instructions, confirms that the communication dated 31st May, 2021 was issued by Respondent No.1/bank, which reads as under:
"31.05.2021 Sri Jitendra Kejriwal Guarantor M/s Sonear Industries Delhi Reg: Proposal for extension of time period for payment of amount for release of Personal Guarantee of Mr. Jitendra Kejriwal as well as Personal Assets in the name of Mr. Jitendra Kejriwal in NPA A/c M/s Sonear Industries (NCLT admitted account) at Zonal SASTRA Centre Delhi.
In reference to your letter dated 29.05.2021 regarding acceptance of the proposal for extension of time period for payment of amount for release of Personal Guarantee of Mr Jitendra Kejriwal as well as personal Assets in the name of Jitendra Kejriwal in NPA account of M/s Sonear Industries. Please find the reply to your letter as under:Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:16.11.2022 20:30:12
1) We inform you that after depositing the full amount as per the abovementioned approval, process of delisting from wilful defaulter against Mr Jitendra Kejriwal will be initiated with concerned agency.
2) Interest will be calculated as per sanction letter dated 28.05.2021.
3) LOC matter against Mr Jitendra Kejriwal will be taken through competent authority for necessary approval after receiving the amount as per sanction dated 28.05.2021.
4) Bank will report to CBI & other investigating agencies regarding approved Proposal of release of Personal Guarantee as well as personal assets in the name of Sri Jitendra Kejriwal after the acceptance of the sanction letter dated 28.05.2021 and receipt of full amount.
In view of the above mentioned reply, you are requested to send the approval of the Terms and condition of Sanction letter dated 28.05.2021 at the earliest.
-sd/-
Dy. General Manager Zonal SASTRA Head Zonal SASTRA Centre Delhi"
2. Mr. Sharma further states that Respondent No. 1/bank has not reported the matter to any Credit Information Companies.
3. In light of the above, it emerges that there is a settlement between the Petitioner and Respondent No. 1 wherein Respondent No. 1/bank had agreed to initiate the process of delisting of the Petitioner as wilful defaulter.
4. In light of the settlement, in the opinion of the Court, declaration dated 9th September, 2019 [Annexure P-1] to the petition does not survive, and accordingly the same is quashed.
5. Petition is disposed of, along with pending applications.
SANJEEV NARULA, J NOVEMBER 16, 2022/as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:16.11.2022 20:30:12