HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITON No.3800 OF 2011 ORDER: The petitioner availed the facility of cash credit limit upto Rs.25 lakhs from the Guntur Main Branch of State Bank of India, the 4th respondent herein. Since there was due of an amount of Rs.17,71,949/-, the respondents declared the account of the petitioner as a Non Performing Asset and filed O.A. No.294 of 2002 before the Debts Recovery Tribunal, Visakhapatnam. The recovery order was passed on 24-02-2009 against the petitioner. Aggrieved thereby, the petitioner filed Appeal No.15 of 2009 before the Appellate Tribunal, Chennai. In I.A. No.870 of 2009, the Appellate Tribunal granted stay of execution of recovery order on payment of Rs.5,00,000/-. The petitioner complied with the same and is enjoying the benefit of stay. 2. During the pendency of the appeal, the respondents announced One Time Settlement scheme (OTS) on 27-03-2010. The petitioner submitted an application seeking the benefit therein. That was rejected on 08-05-2010 on the ground that the decree has already been passed against the petitioner. The petitioner made a representation on 08-07-2010. The representation is rejected once again through order 27-07-2010. The petitioner challenges the rejection order. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 4. There is no dispute that the respondents have announced OTS scheme on 18-03-2010. The request made by the petitioner for extension of the said benefit is turned down on the ground that it does not apply to the cases where decrees were passed against the defaulters. It is a matter of record that the petitioner suffered a decree or recovery order passed by the Debts Recovery Tribunal. As long as the decree stands, there is no way the respondents can be compelled to consider the application. Now that the matter is pending before the appellate authority, the petitioner can put forward this very plea. In case, the appellate Tribunal is convinced that the decree can be set aside for the limited purpose, paving the way for consideration of the application of the petitioner for OTS, it can do so. 5. Hence, the Writ Petition is disposed of leaving it open to the petitioner to approach the Appellate Tribunal through an application in Appeal No.15 of 2009 to enable it to avail the benefit under OTS scheme. As and when such application is filed, the Appellate Tribunal shall consider the same on its own merits. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J March 21, 2011 KTL