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Judgment
1 This writ petition is filed with the following prayer;
"to issue an order or direction more particularly in the nature of writ of mandamus or any other appropriate writ or order declaring the cancellation letter dated 06.02.2021 issued by respondent No.1 refusing to extend the time up to 31.03.2021 for payment of the balance OTS amount and bringing the secured assets for sale on 05.03.2021 pursuant to e-auction notice dated 12.02.2021 fixing the date of sale on 05.03.2021 including taking physical possession of the schedule properties mentioned in the sale notice under SARFAESI Act and the action of respondent Bank in failing to implement the guidelines in RBI Circular dated 01.01.2019 as being illegal, arbitrary, highhanded against the intention of the provisions of SARFAESI Act and violative of principles of natural justice and violative of rights guaranteed under Article 14 and 300A of the Constitution of Indian, and to issue other consequential directions".
When the writ petition came up for admission on 01.03.2021, this Court granted interim order on condition of petitioner depositing 10% of the outstanding amount. When the matter was listed on 01.09.2021, none appeared for the petitioner. Learned Standing Counsel for the respondent Bank submitted that the petitioner paid only a sum of Rs.24,00,000/- as on 18.08.2021 out of the outstanding amount of Rs.4,81,28,253-26 ps. Since the petitioner could not comply with the conditions, interim order dated 01.03.2021 was vacated.
When the matter was directed to be listed on 08.09.2021, again adjournment was sought by the learned counsel for petitioner, and even today, there is no appearance for the petitioner. In view of the same, nothing survives for adjudication in the writ petition as the petitioner also failed to comply with the interim order dated 01.03.2021.
As contended by learned counsel for the respondent-Bank, this Court cannot issue mandamus for extending the time for payment of OTS as it is non-discretionary and non-discriminatory scheme and the party having agreed to the terms cannot wriggle out of the same and more so no extraordinary circumstances are brought to the notice of the Court. As such, prayer made by writ petitioner cannot be granted.
Accordingly, the Writ Petition is dismissed. No order as to costs.
Miscellaneous petitions, if any pending in this writ petition, shall stand dismissed.