M/S PARAS DAS JAIN AND SONS STEELS PVT LTD AND 4 OTHERS v. PUNJAB NATIONAL BANK AND ANOTHER
WRIC/20503/2024 · 2025-04-08
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71087 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71087 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52095 Court No. - 9 Case :- WRIT - C No. - 20503 of 2024 Petitioner :- M/S Paras Das Jain And Sons Steels Pvt Ltd And 4 Others Respondent :- Punjab National Bank And Another Counsel for Petitioner :- Abhishek,Praveen Kumar Counsel for Respondent :- Sanjai Singh Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:-
"(a) issue a writ, order rule or direction in the nature of Certiorari to quashing the impugned letter of borrowers (recall notice) dated 18.05.21 by means of which the respondent bank declare the account of petitioner as irregular (NPA) on 10.05.21 and further be pleased to quash the notice dated 14.05.2024 issued by the respondents under the provisions of section 13(4) of The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Annexure no. 1 and 2 to the writ petition). (b) issue a writ, order or direction in the nature of Mandamus directing the respondent Bank to consider the proposal of OTS dated 03.07.23 submitted by the petitioners and further not to take any coercive step during the pendency of the abovesaid proposal of OTS. (c) issue a writ, order rule or direction in the nature of Certiorari quashing the impugned order dated 01.06.24 passed by the DRT Allahabad in SA No. 481 of 2021 ( M / s Paras Das Jain and others Vs. Punjab National Bank and another). (Annexure No. 9 to this petition.)" Sri Sanjay Singh, learned counsel appearing for the Bank submits that OTS has failed and Bank has declined to accept the proposal given by petitioner. He further submits that as far as S.A. No. 481 of 2021 is concerned, the same has been dismissed by Debts Recovery Tribunal, Allahabad on 01.06.2024 and the order impugned is an appealable order under Section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In view of said fact, as the Bank has turned down the OTS proposal of petitioner and order impugned passed by Debts Recovery Tribunal is an appealable order, the writ petition is dismissed on the ground of alternative remedy. Order Date :- 9.4.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad