The High Court of Madras disposed of a five-year-old writ petition seeking a mandate to consider an Off-Take Statement (OTS) proposal by a bank, denying adjudication due to the efflux of time and directing the petitioner to file a fresh application.
Petitioner allowed liberty to submit a fresh proposal; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.10.2021
CORAM:
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
W.P. No. 13983 of 2016
E.Bhuvana
.. Petitioner
-Vs-
.. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent to consider the OTS proposal dated 20.08.2015 submitted by the petitioner.
For Petitioner : Mr.Prakash Goklaney
For Respondents : Ms.T.Hemalatha for R1 Mr.P.Sidharthan for R2
O R D E R
The relief sought for in the present Writ Petition is to direct the first respondent to consider the OTS proposal dated 20.08.2015 submitted by the petitioner.
details if any and the respondents on receipt of such proposal / application shall consider the same on merits and in accordance with law.
counter affidavit stating that PMLA proceedings are pending and the petitioner appeared before the Court below and those facts were not stated in the Writ Petition and that all those aspects are to be considered by the authorities.
Sd/-
Assistant Registrar (CS-IX)
//True Copy//
Sub Assistant Registrar
vji
To
+1cc to Mr.Prakash Goklaney, Advocate, S.R.No.52172 +1cc to Mr.P.Sidharthan, Advocate, S.R.No.52086 +1cc to Mr.V.Suthakar, Advocate, S.R.No.52275 +1cc to Mr.Prakash Goklaney, Advocate, S.R.No.52172(25/11/2021) W.P. No. 13983 of 2016 JPL(CO) GN(01/11/2021) KKV/25/11/2021
1 issue framed by the court
Whether the Writ Petition should be considered given the lapse of five years since its filing.
1 provisions across 1 enactments
E.Bhuvana
The Chief Manager, Syndicate Bank
The Director of Enforcement
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
