LAWS(BOM)-2023-7-463

KAILASH SWAMI Vs. CENTRAL BANK OF INDIA

Decided On July 19, 2023
Kailash Swami Appellant
V/S
CENTRAL BANK OF INDIA Respondents

JUDGEMENT

(1.) Rule. There is a Reply and a Rejoinder. Rule returnable forthwith.

(2.) The matter is substantially similar to one that we decided a short while ago in Shirdi Country-Inns Pvt Ltd and Ors v Union of India and Ors.,[2023:BHC-AS:10866-DB : Writ Petition No. 1379 of 2020, decided on 10/4/2023.]. We are informed that a Special Leave Petition against our order in Shirdi Country-Inns was later dismissed.

(3.) In that matter, as is in the present case, though with some factual details differentiating the two, there was a scheme for a one- time settlement ("OTS"). This was offered to the Petitioner in Shirdi Country-Inns. The submission on law and the counter arguments are in paragraphs 24 to 32. There was also another argument raised before us that the letter of the bank offering the OTS was only an invitation to offer. We rejected that argument as well.