HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.37318 OF 2014 Date: 11.12.2014 Between :
Shri MSN Gupta, S/o. Sheshavataram, Aged 60 years, occu:Managing Director, Sri Guruprabha Power Limited, Flat No.204, Pratap Residency, D.No.6-1-192/1, Padmarao Nagar, Secunderabad.
and The Deputy General Manager, Punjab National Bank, Large Corporate Bank, D.No.8-2-672, Sufi Chambers Road-1, Banjara Hills, Hyderabad and another.
… Petitioner … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.37318 OF 2014
ORDER:
This writ petition is filed seeking following reliefs:
“To issue a writ, order or direction, more particularly one in nature of writ of mandamus declaring the action of the respondent in abruptly sending phone message stating that one time settlement sanction was cancelled even without considering the petitioner’s representation as unjust, arbitrary and against principles of natural justice and consequently direct the respondent bank to consider the petitioner’s representation dated 28.11.2014 and accept the third instalment without insisting to pay over due amount of Rs.95.00 lakhs and accept the undertaking to pay entire amount of Rs.23.05 crores as per OTS sanction agreement dated 30.07.2014 within stipulated one year.”
2. This writ petition is instituted contending that on telephone petitioner was informed of cancellation of OTS. The matter was adjourned for obtaining instructions by the standing counsel.
3. This matter is moved as Lunch Motion stating that letter dated 04.12.2014 is now served informing the petitioner that earlier acceptance of one time settlement for an amount of Rs.23.05 crores is cancelled since the time schedule agreed upon was not adhered to and amount required to be paid by 31.08.2014 was not paid.
4. Counsel for the petitioner as well as learned standing counsel produced the same letter dated 04.12.2014.
5. Having regard to the fact that decision is already communicated to the petitioner canceling one time settlement agreement, the writ petition in the present form do not survive. The writ petition is accordingly dismissed, leaving it open to the petitioner to avail appropriate remedies as available in law against letter dated 04.12.2014. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed.
JUSTICE P. NAVEEN RAO Date: 11.12.2014 kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.37318 OF 2014 Date: 11-12-2014 kkm