No writ or mandamus can be issued by the High Court under Article 226 of the Constitution of India by directing the bank to grant benefit of OTS to the borrower – M/s Malhotra Clinics Pvt. Ltd. Vs. The Deputy General Manager (Hqrs.), Punjab & Sind Bank – Himachal Pradesh High Court
High Court in exercise of jurisdiction under Article 226 of the Constitution of India would not direct parties to enter into an OTS to the advantage of the borrower without the borrower proving its bonafide. The Court held that that apart, no writ or mandamus can be issued by the High Court under Article 226 of the Constitution of India by directing the bank to grant benefit of OTS to the borrower.
