FAIRDEAL SUPPLIES LIMITED Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) This intra-court appeal is at the instance of the writ petitioner challenging the order of the learned Single Judge dated 5th of April, 2022 whereby WPO 1916 of 2022 has been disposed of without granting any relief.

(2.) Appellant had filed the writ petition with the plea that he had obtained the cash credit and term loan facilities from the respondent No. 1 bank in 2005-2006 and the said facilities were enhanced from time to time and the appellant had business losses, therefore, default was committed and negotiation for OTS had started and in that process bank had sent the communication dated 12th of March, 2020, sanctioning the OTS for an amount of Rs.16.00 crores for full and final settlement subject to certain terms and conditions. The appellant had paid certain amount in pursuance to the said letter and vide communication dtd. 29/9/2020 had made a request to the bank to extend the revised repayment schedule. Meanwhile, the bank had issued the show cause notice to the appellant No. 1 and its directors alleging that the appellants were willful defaulter. The appellant had given reply to the notice and thereafter had approached the writ Court with the prayer to command the respondent to act upon the OTS as also to set aside the notice classifying the appellant as willful defaulter.

(3.) Learned Single Judge in the order under appeal has taken the view that the bank had taken the commercial decision not to accept the offer of the appellant. Before the learned Single Judge, bank had proposed to refund the upfront amount of Rs.1.5 crores paid by the appellant in support of the offer. Learned Single Judge found that refund of upfront amount paid by the appellant in support of the OTS offer cannot be linked to the proceedings under the willful defaulter guidelines and the same is not appearing on the willful defaulter proceedings. Learned Single Judge has also reached to the conclusion that acceptance or non- acceptance of OTS is an exclusively commercial decision of the bank and cannot be interfered with in the writ jurisdiction and that the relations between the parties are purely in the realm of private contract.