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Judgment
It is claimed that the loan account of the petitioners, which was classified as NPA and recovery process initiated under the SARFAESI Act, 2002 stood settled at Rs.44,84,318.77/- towards full and final settlement of the loan dues of the petitioners under the SBI One Time Settlement (OTS) Scheme, 2021. The petitioner is stated to have deposited the first upfront amount of Rs.4,48,500/- on 21st February, 2022 at the time of sanction, the first instalment of Rs.4,48,500/- on 23rd March, 2022, however, the second instalment of the aforesaid similar amount though was required to be deposited by 23rd April, 2022 but could not be deposited due to hospitalization of the petitioner. However, subsequently, the same was deposited on 17th May, 2022.
The prayer in the present Writ Petition is for extending the time period of payment of the part of the OTS amount as per the sanctioned OTS.
At the time of hearing, learned counsel for the petitioners has filed a memo dated 10.01.2023 (which is taken on record) seeking an unconditional withdrawal of the present Writ Petition, which is reproduced below:
“ That, during the pendency of the Writ Petition, vide No.14149/2022, the petitioner has approached the Opp. Party, and, both the parties arrived upon a settlement under OTS. The petitioner has paid the entire settlement amount of Rs.46,00,000/- to the Opp. Party Bank on dt.17.10.2022, and thereafter the Opp. Party Bank has issued the No Dues Certificate. Even though the bank has returned most of the Original Documents, but still, the Bank has not returned the allotment letter no.6804 dt.26.03.2015 and original ground rent receipt no.23W6997.
In such circumstances, the Writ Petition has become infructuous and the petitioner prays for withdrawal of the Writ Petition.”
In view of the memo filed, the present Writ Petition stands dismissed as infructuous.
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