Delhi HC overturns Punjab & Sind Bank's Rs 1.2 billion OTS withdrawal
ECONOMY & POLICY

Delhi HC overturns Punjab & Sind Bank's Rs 1.2 billion OTS withdrawal

The Delhi High Court has nullified Punjab and Sind Bank's decision to withdraw a Rs 1.2 billion one-time loan settlement (OTS) offered to real estate firm Ambience Pvt Ltd for a residential project in Noida, Uttar Pradesh. The court deemed the bank's action "arbitrary and unsustainable."

The High Court stated that an OTS offer, its acceptance, and the sanction letter together form a binding contract. Therefore, Punjab and Sind Bank, as a nationalised bank and instrumentality of the State, cannot act arbitrarily in contractual matters. The court further emphasised that once payments are accepted, the OTS is binding and cannot be unilaterally revoked.

"Accordingly, the letter dated August 1, 2023, issued by the bank withdrawing the OTS is hereby set aside. Consequently, the bank is directed to release the securities furnished by the company in the subject Loan Account and release charge thereon," Justice Mini Pushkarna stated, describing the withdrawal of the OTS as a "cryptic order, bereft of any reasons."

Citing Supreme Court precedents, the judge clarified that the terms of sanction alone are final and binding on the parties. Any pre-sanction negotiations or subsequent additions not reflected in the Sanction Letter are not binding.

Ambience had secured a term loan of Rs 1.55 billion from Punjab & Sind Bank in March 2013 for a real estate project in Sector-50, Noida, under a Multiple Banking Arrangement. Other banks involved included Punjab National Bank (PNB) and HDFC Ltd, which provided loans of Rs 1.24 billion and Rs 250 million, respectively. Initially, the loans were managed under a Multiple Banking Arrangement, which later evolved into a consortium with PNB as the lead bank. Ambience repaid HDFC in full by July 2018.

In February 2023, Ambience made separate OTS proposals to PNB and Punjab & Sind Bank to settle its debts. The OTS proposal of Rs 1.22 billion was accepted by Punjab & Sind Bank. In May 2023, Ambience forwarded a no-dues certificate to Punjab & Sind Bank from PNB, indicating full repayment of the latter's dues without an OTS. Subsequently, on August 1, 2023, Ambience deposited the entire OTS amount to Punjab & Sind Bank, which then withdrew the extension of time granted to the firm and recalled the OTS, alleging misrepresentation and concealment by the builder.

Punjab & Sind Bank accused Ambience of misrepresentation by offering better terms to PNB. However, the High Court rejected the bank?s claims, stating that Ambience had paid the entire OTS amount along with interest as stipulated in the sanction, negating any deviation, violation, or breach of the sanction terms.

(Source: ET)

The 14th RAHSTA Expo, part of the India Construction Festival, will be held on October 9 and 10, 2024, at the Jio Convention Centre in Mumbai. For more details, visit: https://rahstaexpo.com

The Delhi High Court has nullified Punjab and Sind Bank's decision to withdraw a Rs 1.2 billion one-time loan settlement (OTS) offered to real estate firm Ambience Pvt Ltd for a residential project in Noida, Uttar Pradesh. The court deemed the bank's action arbitrary and unsustainable. The High Court stated that an OTS offer, its acceptance, and the sanction letter together form a binding contract. Therefore, Punjab and Sind Bank, as a nationalised bank and instrumentality of the State, cannot act arbitrarily in contractual matters. The court further emphasised that once payments are accepted, the OTS is binding and cannot be unilaterally revoked. Accordingly, the letter dated August 1, 2023, issued by the bank withdrawing the OTS is hereby set aside. Consequently, the bank is directed to release the securities furnished by the company in the subject Loan Account and release charge thereon, Justice Mini Pushkarna stated, describing the withdrawal of the OTS as a cryptic order, bereft of any reasons. Citing Supreme Court precedents, the judge clarified that the terms of sanction alone are final and binding on the parties. Any pre-sanction negotiations or subsequent additions not reflected in the Sanction Letter are not binding. Ambience had secured a term loan of Rs 1.55 billion from Punjab & Sind Bank in March 2013 for a real estate project in Sector-50, Noida, under a Multiple Banking Arrangement. Other banks involved included Punjab National Bank (PNB) and HDFC Ltd, which provided loans of Rs 1.24 billion and Rs 250 million, respectively. Initially, the loans were managed under a Multiple Banking Arrangement, which later evolved into a consortium with PNB as the lead bank. Ambience repaid HDFC in full by July 2018. In February 2023, Ambience made separate OTS proposals to PNB and Punjab & Sind Bank to settle its debts. The OTS proposal of Rs 1.22 billion was accepted by Punjab & Sind Bank. In May 2023, Ambience forwarded a no-dues certificate to Punjab & Sind Bank from PNB, indicating full repayment of the latter's dues without an OTS. Subsequently, on August 1, 2023, Ambience deposited the entire OTS amount to Punjab & Sind Bank, which then withdrew the extension of time granted to the firm and recalled the OTS, alleging misrepresentation and concealment by the builder. Punjab & Sind Bank accused Ambience of misrepresentation by offering better terms to PNB. However, the High Court rejected the bank?s claims, stating that Ambience had paid the entire OTS amount along with interest as stipulated in the sanction, negating any deviation, violation, or breach of the sanction terms. (Source: ET)

Next Story
Infrastructure Urban

India, US to promote sustainable aviation fuel and hydrogen in buses

India and the United States have agreed to promote sustainable aviation fuel (SAF), electrification of medium and heavy-duty vehicles, and the use of hydrogen in buses, tractors, and heavy equipment. This decision came during the Strategic Clean Energy Partnership (SCEP) dialogue between US Energy Secretary Jennifer Granholm and Indian Minister of Petroleum and Natural Gas Hardeep Singh Puri in Washington, DC. Both nations also encouraged increased investments in each other's clean energy markets. The joint statement emphasised the importance of a "just, orderly, and sustainable energy trans..

Next Story
Infrastructure Transport

Tuticorin Airport upgradation set for December completion

Tuticorin Airport in Tamil Nadu is undergoing a significant upgrade, with an expected completion date in December 2024. The project, valued at Rs 3.81billion, is being carried out by the Airports Authority of India (AAI) and involves the extension of the runway to accommodate A-321 type aircraft, construction of a new apron, a new terminal building, a technical block with a control tower, and a new fire station. The new terminal building, covering 17,500 square meters, will significantly enhance the airport's capacity, enabling it to serve 1,440 passengers during peak hours and handle up to 2 ..

Next Story
Infrastructure Transport

Airfare hike not tied to increased airport charges; ACI

The Airports Council International (ACI) stated that rising airfares are not linked to increased airport charges. Airport charges are crucial for infrastructure development within the commercial aviation ecosystem, but they remain a minimal part of the overall airfare. Stefano Baronci, Director General of ACI Asia Pacific & Middle East, emphasized that airports are infrastructure-intensive businesses, with costs dominated by maintaining essential infrastructure such as runways, taxiways, aprons, and terminal buildings. He noted that neglecting the capital expenditure needed to support future g..

Hi There!

"Now get regular updates from CW Magazine on WhatsApp!

Join the CW WhatsApp channel for the latest news, industry events, expert insights, and project updates from the construction and infrastructure industry.

Click the link below to join"

+91 81086 03000