Supreme Court of India

The Bijnor Urban Cooperative Bank Limited, Bijnor & Others v. Meenal Agarwal & Others

Neutral citation
Reported as [2021] 9 S.C.R. 416
Bench M. R. Shah and B. V. Nagarathna JJ.
Decided 15 December 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid discussion and for the reasons stated above, we are of the firm opinion that the High Court, in the present case, has materially erred and has exceeded in its jurisdiction in issuing a writ of mandamus in exercise of its powers under Article 2 26 of the Constitution of India by directing the appellant-Bank to positively consider/ grant the benefit of OTS to the original writ petitioner.

Judgment, page 17

From the headnote

Constitution of India: Art. 226 – Power under – Exercise of – Grant of benefit under the One Time Settlement (OTS) Scheme – On facts, writ petitioner obtained credit facility fro m the financial institution/Bank and the said loan amount was decla red as Non- Performing Asset (NPA) – Writ petition seeking issuanc e of writ of mandamus directing the Bank to positively grant of b enefit under the OTS Scheme to the writ petitioner-borrower – Al lowed by the High Court – Sustainability of – Held: Not sustainable – Grant of benefit under the OTS is always subject to the elig ibility criteria

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.