CWP-27377-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA M/s Gangotri Overseas Punjab National CORAM: HON'BLE HON'BLE MR. JUSTICE SANJIV BERRY Present: SHEEL NAGU, CHIEF JUSTICE 1. SARFAESI proceedings commenced against it, has camouflaged this petition into a petition seeking direction to the respondent Bank to accept OTS proposal made by way of sanction letter dated 2. that as per bank’s guidelines, asked the petitioner to improve OTS offer. 3. notice, contends that improved OTS offer made by the petitioner was rejected by the respondent Bank vide letter dated 01.01.2025 (Annexure P 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M/s Gangotri Overseas Versus Punjab National Bank and others CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Mr. Sandeep Singh Ghangas, Advocate, for the petitioner. Mr. Akaant Kumar Mittal, Advocate, for the respondents. **** SHEEL NAGU, CHIEF JUSTICE ( Oral ) The petitioner – borrower, an MSME unit, instead of assailing SARFAESI proceedings commenced against it, has camouflaged this petition into a petition seeking direction to the respondent Bank to accept OTS proposal made by way of sanction letter dated A bare perusal of letter dated 20.09.2024 (Annexure P as per bank’s guidelines, OTS had failed asked the petitioner to improve OTS offer. Learned counsel for the respondents, wh notice, contends that improved OTS offer made by the petitioner was rejected by the respondent Bank vide letter dated 01.01.2025 (Annexure P -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27377-2025 Date of decision : 15.09.2025 …….Petitioner ...….Respondent MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY , Advocate, , Advocate, ( Oral ) borrower, an MSME unit, instead of assailing SARFAESI proceedings commenced against it, has camouflaged this petition into a petition seeking direction to the respondent Bank to accept OTS proposal made by way of sanction letter dated 27.03.2023 (Annexure P-7). A bare perusal of letter dated 20.09.2024 (Annexure P-8) reveals OTS had failed and the respondent Bank had Learned counsel for the respondents, who appears on advance notice, contends that improved OTS offer made by the petitioner was rejected by the respondent Bank vide letter dated 01.01.2025 (Annexure P-10). 2025 .2025 …….Petitioner ...….Respondents borrower, an MSME unit, instead of assailing SARFAESI proceedings commenced against it, has camouflaged this petition into a petition seeking direction to the respondent Bank to accept OTS reveals and the respondent Bank had o appears on advance notice, contends that improved OTS offer made by the petitioner was rejected NAROTAM DASS 2025.09.16 18:44 I attest to the accuracy and authenticity of this order/judgment CWP-27377-2025 4. direction, as a matter of r An OTS or any kind of settlement is a bilateral process and not unilateral, where consent of both sides at the given point of time is necessary. 4.1 SARFAESI proceedings initiated against it and, therefore, this petition is not maintainable and is dismissed as such, with liberty to the petitioner to avail all possible remedies under the SARFAESI Act. September 15 narotam Whether speaking/reasoned Whether reportable 2025 We are of the considered view that no borrower can seek a direction, as a matter of right, to compel other side to enter into a settlement. An OTS or any kind of settlement is a bilateral process and not unilateral, where consent of both sides at the given point of time is necessary. Petitioner firm – borrower has not challenged any o SARFAESI proceedings initiated against it and, therefore, this petition is not maintainable and is dismissed as such, with liberty to the petitioner to avail all possible remedies under the SARFAESI Act. September 15, 2025 Whether speaking/reasoned Whether reportable -2- We are of the considered view that no borrower can seek a ight, to compel other side to enter into a settlement. An OTS or any kind of settlement is a bilateral process and not unilateral, where consent of both sides at the given point of time is necessary. borrower has not challenged any of the SARFAESI proceedings initiated against it and, therefore, this petition is not maintainable and is dismissed as such, with liberty to the petitioner to avail all possible remedies under the SARFAESI Act. ( SHEEL NAGU ) CHIEF JUSTICE ( SANJIV BERRY ) JUDGE Yes/No Yes/No We are of the considered view that no borrower can seek a ight, to compel other side to enter into a settlement. An OTS or any kind of settlement is a bilateral process and not unilateral, f the SARFAESI proceedings initiated against it and, therefore, this petition is not maintainable and is dismissed as such, with liberty to the petitioner to avail all NAROTAM DASS 2025.09.16 18:44 I attest to the accuracy and authenticity of this order/judgment