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Phoenix Arc Private Limited vs Vishwa Bharati Vidya Mandir on 12 January, 2022

12. In view of the aforesaid facts and circumstances of the case, this court under Article 226 of the Constitution of India normally cannot be called upon to adjudicate the justifiability of not entering into the OTS under the specific terms. It is completely a commercial decision to be taken by the respondent-NBFC. The Hon'ble Supreme Court in the case of „Phoenix ARC (P) Ltd. v. Vishwa Bharati Vidya Mandir2' has held as under:-
Supreme Court of India Cites 28 - Cited by 743 - M R Shah - Full Document
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