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(i) Firstly, bailment is delivery of goods by the bailor to bailee "for some purpose".
(ii) Secondly, when the purpose of bailment is accomplished, either the goods so bailed are to be returned or otherwise disposed off according to the directions of the bailor.

22 of 33 RA-CW No. 267 of 2020 (O&M) in The importance of the purpose of bailment assumes significance because it is the accomplishment of the same, which would lead to the arising of the second situation i.e. the manner in which such goods are to be disposed off. The purpose of the bailment in the present case, can be seen from the pleadings and interim orders passed by this Court, which is to test bona fide intent of the petitioner and to enable the creditor to consider the settlement proposal. Since the said purpose of bailment is accomplished on consideration of OTS proposal by the bank leading to its rejection, the second issue comes up for consideration i.e. the manner in which such goods so bailed, are to be dealt with. Section 148 of the Act, 1872 states that either such goods are to be returned or it can be appropriated only with the consent of the bailor. Undisputedly, the applicant-petitioner has not given any consent to the bank to appropriate the amount and therefore appropriation of the amount so bailed could not be effected by the bank without the consent of bailor. In such a situation, the only option left with the bank is to return the said amount so bailed, back to the bailor/applicant- petitioner.

" 14. UPFRONT / DOWN PAYMENT Party has to deposit upfront payment to show seriousness in settlement of OTS Proposal. The upfront amount may be kept in an 'Escrow/'No Lien Account' with a mandate to appropriate the proceeds towards adjustment of the dues in the event of acceptance of OTS proposal.
The upfront amount will be taken as follows:-
(i) 5 % of the amount is to be deposited at the time of submission of OTS proposal which will be kept in "No Lien" account. The same will be appropriated in case if the OTS proposal is accepted by the bank.
(ii) 10% of the OTS amount has to be deposited within 30 days of receipt of intimation of acceptance of OTS proposal to the party. This amount will be over and above the 5% amount deposited by the party at the time of submission of OTS proposal, thus making the total to 15%. "

(Emphasis supplied) Not only this, we have been informed, that various banks as per their respective One Time Settlement Policies, have such similar conditions. For the purposes of illustration, we would refer to one such Policy of Punjab National Bank titled as "Policy of Bank on Recovery & Management of NPAs" bearing Sastra Division Circular No. 57/2019 dated 13.11.2019, relevant extract of which reads as under :-

Therefore, efforts should be made to get upfront payment to show borrowers' seriousness in settlement of OTS proposal as under:

Sr. Details of OTS Offer Upfront Upfront Amount No. Amount 1 OTS Offer up to Rs. 10 lacs Upfront 20% 2 OTS offer more than Rs. 10 lacs Upfront 15% up to Rs. 50 lacs 3 OTS offer more than Rs. 50 lacs Upfront 10% 23.2 The upfront amount may be kept in an 'Escrow/ 'No Lien Account' with a mandate to appropriate the proceeds towards adjustment of the dues in the event of acceptance of OTS proposal."