https://www.taxtmi.com/caselaws?id=109406 Mandamus does not lie to compel a bank or financial institution to accept a borrower's one-time settlement proposal, because such settlement is discretionary and no borrower has a legal right to insist on compromise terms of his choice. Certiorari is available only for error of law apparent on the face of the record, and the petitioner failed to show any enforceable statutory duty requiring acceptance of the proposal. The RBI guidelines relied on were not available to a wilful defaulter, and the court also noted that the petitioner had not approached with clean hands. The challenge to the bank's refusal therefore failed. en-us Tue, 26 Aug 2003 00:00:00 +0530 Mon, 09 Apr 2012 17:17:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109406 Mandamus does not lie to compel a bank or financial institution to accept a borrower's one-time settlement proposal, because such settlement is discretionary and no borrower has a legal right to insist on compromise terms of his choice. Certiorari is available only for error of law apparent on the face of the record, and the petitioner failed to show any enforceable statutory duty requiring acceptance of the proposal. The RBI guidelines relied on were not available to a wilful defaulter, and the court also noted that the petitioner had not approached with clean hands. The challenge to the bank's refusal therefore failed. Case-Laws Companies Law Tue, 26 Aug 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109406