THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.4859 OF 2001 ORDER : This writ petition is filed seeking a direction to the respondents 1 to 3 to act in accordance with law and to extend benefits of Circular dated 27.7.2000 issued by the Reserve Bank of India for the purpose of One Time Settlement (OTS) of the loan account of the petitioner. The writ petitioner availed Overdraft facility from the 3rd respondent Bank and failed to clear the outstanding dues. By letter dated 20.01.2000 the 3rd respondent called upon the petitioner to clear the amounts due and the petitioner was informed that he was liable to pay a sum of Rs.1,64,216/- together with interest at 24.5% per annum from 1.4.1996 till the date of realization. While so, the Reserve Bank of India (RBI) vide Circular dated 27.7.2000 issued certain guidelines for settlement of the debts categorized as Non- Performing Assets (NPAs). The petitioner claims that the benefit of One Time Settlement under the said guidelines is applicable to his Overdraft account which was treated as NPA w.e.f. 31.03.1996. Accordingly, the petitioner made a representation dated 6.11.2000 requesting to settle the matter. By letter dated 5.1.2001 the said request was turned down by the 2nd respondent. Aggrieved by the said action, the present writ petition is filed. In response to the rule nisi ordered, a counter-affidavit has been filed on behalf of the respondents 1 to 3 stating that the petitioner is a willful defaulter due to deliberate non-payment of dues and therefore his account is not qualified for concessions as per the guidelines issued by the Reserve Bank of India. Thus it is contended that the petitioner is bound to liquidate the entire outstanding amount together with interest w.e.f. 1.4.1996 till the date of realization. I have heard the learned counsel for both the parties. The guidelines dated 27.7.2000 issued by the Reserve Bank of India made it clear that the said guidelines are not applicable to the cases of willful default, fraud and malfeasance. Nothing could be placed before this Court by the petitioner to controvert the specific case of the respondents that the petitioner was a willful defaulter. It is also categorically stated in the counter-affidavit that the petitioner is a retired Civil Servant and he is having fixed assets and immoveable properties and that he is in a sound financial position to liquidate the amounts due. It is further alleged that the petitioner did not pay the dues deliberately despite adequate cash-flow and was trying to avoid the payment without there being any justifiable reason. In the absence of any material to contradict the specific plea of the respondents that the petitioner is a willful defaulter which disentitles him to avail the benefit of One Time Settlement under the Reserve Bank of India guidelines dated 27.7.2000, I do not find any substance in any of the contentions raised by the petitioner. The action of the respondents in rejecting the request of the petitioner to extend the benefit of One Time Settlement under the said RBI Guidelines cannot be held to be arbitrary or illegal on any ground whatsoever. Accordingly, the Writ Petition is dismissed. No costs. _______________ G. ROHINI, J. Dt. 30.01.2009 klp