GEETA SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The Petitioner has filed this writ petition seeking direction for the Respondent-Bank to accept the proposal of one time settlement on the basis of policy issued by Reserve Bank of India and annexed with the petition as Annexure P-2. The Petitioner had sent the application, Annexure P-1, which was rejected by the Respondent-Bank on 20.3.2006, which the Petitioner has impugned before this Court through the present writ petition.

(2.) When this writ petition initially came up for hearing before Division Bench of this Court, the same was dismissed alongwith some other writ petitions as common question of law had been raised in all such petitions. The Division Bench of this Court had considered the issue whether a writ of mandamus could be issued, commanding the Respondent to settle the dues of the Petitioner in accordance with one time settlement scheme. The Court found that the scheme under consideration did not have any statutory flavour nor had any statutory route. It was, thus, held that the scheme did not create any legal right with corresponding duties with the parties, warranting issuance of direction by the Court in the nature of mandamus. This writ petition alongwith various other writ petition was accordingly dismissed on 5.11.2007.

(3.) The Petitioner had accordingly impugned this order by filing Special Leave Petition and the Hon'ble Supreme Court was pleased to grant the leave and ultimately allowed the appeal and set aside the order passed by the Division Bench of this Court. The order passed by the Hon'ble Supreme Court reads as under: