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2024 Supreme(Bom) 409

B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Milind Patel – Appellant
Versus
Union Bank of India – Respondent


Advocate Appeared:
For the Petitioner:Mr.Rohaan Cama, a/w Pheroze F. Mehta, i/b Dastur Kalambi & Associates, Advocates
For the Respondent:Mr. Jamshed Ansari, Advocate, Mr. Prasad Shenoy a/w Vijay Salokhe i/b BLAC Co., Advocate, Mr. V. Mannadiar a/w Dhannya Prasad i/b V. Mannadiar & Co., Advocate, Ms.Garima Singh i/b MLS Vani & Associates, Advocates, Mr.Mohit Sahani, a/w. Mr. Meiron Damania, i/b Pamela Dalal, Advocates, Mr.Vikas Srivastava, Chief Manager and Mr. Man Mohan Sharma, Senior Manager

JUDGMENT :

Somasekhar Sundaresan, J.

1. Rule. By consent, rule is made returnable forthwith, and the writ petition is taken up for final hearing and disposal.

Show Cause Notice and Context:

2. This Petition seeks various declaratory reliefs whereby adherence to principles of natural justice, including provision of inspection of relevant material, is sought to be read into the due process stipulated by the Respondent No. 2, the Reserve Bank of India (“RBI”), in connection with declaration of bodies corporate, their promoters and directors, as “wilful defaulters”.

3. The Petitioner is a former Joint Managing Director of IL&FS Financial Services Limited (“IFIN”), a wholly-owned subsidiary of Infrastructure Leasing & Financial Services Limited (“ILFS”). The Petitioner has worked with ILFS since June 1993, except for a brief period between February 2003 and August 2005. The Petitioner was eventually designated as a Joint Managing Director of IFIN with effect from 1st April 2014. The Petitioner ceased to be in the services of IFIN with effect from 31st March 2018. The Petitioner’s role as a “whole time director” of IFIN is up for consideration by Respondent No. 1, Union Bank of India (“Union

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