SOHANI DEVI LODHA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE appellant is aggrieved against the judgment dt. 19.12.2008 passed by the learned Single Judge by which the learned Single Judge was of the view that the petitioner's case is not covered under the scheme (Annex.3) issued in pursuance of the RBI circular dt. 03.09.2005 to give benefits of one time settlement to the small and medium enterprises accounts holders. The learned Single Bench has observed that petitioner's case is not covered under the scheme because the scheme was issued subsequently by the RBI and subsequent to passing of the judgment and decree against the petitioner by the civil Court.

(3.) LEARNED Counsel pointed out that the policy clearly provides even adjustment of the amount against the decree by making specific provision under Sub -clause (3) of Clause 3.4 and the Sub -clause (5) under Clause 3.4 has been misconstrued by the learned Single Judge.