Supreme Court of India
The Bijnor Urban Cooperative Bank Limited, Bijnor & Others v. Meenal Agarwal & Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid discussion and for the reasons stated above, we are of the firm opinion that the High Court, in the present case, has materially erred and has exceeded in its jurisdiction in issuing a writ of mandamus in exercise of its powers under Article 226 of the Constitution of India by directing the appellant-Bank to positively consider/ grant the benefit of OTS to the original writ petitioner.
Judgment, page 17
From the headnote
Constitution of India: Art. 226 – Power under – Exercise of – Grant of benefit under the One Time Settlement (OTS) Scheme – On facts, writ petitioner obtained credit facility from the financial institution/Bank and the said loan amount was declared as Non- Performing Asset (NPA) – Writ petition seeking issuance of writ of mandamus directing the Bank to positively grant of benefit under the OTS Scheme to the writ petitioner-borrower – Allowed by the High Court – Sustainability of – Held: Not sustainable – Grant of benefit under the OTS is always subject to the eligibility criteria mentioned…
Where later benches applied it
- 2025 Assistant General Manager State Bank of India & Anr. v. Tanya Energy Enterprises through its Managing Partner Shri Alluri Lakshmi Narasimha Varma
- 2022 State Bank of India v. Arvindra Electronics Pvt. Ltd.
Of those, 1 referred to · 1 mentioned
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