SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Cal) 687

SANJIB BANERJEE
Hindusthan National Glass & Industries Limited – Appellant
Versus
Reserve Bank Of India – Respondent


Advocates:
Advocate Appeared:
Mr. Abhijit Chatterjee Mr. Ratnanko Banerjee Mr. Arindam Banerjee Mr. Arvind K. Jhunjhunwala Ms. Anshumala Bansal :For the Petitioners.
Mr. Anindya Kumar Mitra Mr. Joydip Kar Mr. Subhojit Roy Mr. Dharam Jumani Ms. Debosri Datta :For the Respondent No. 2.
Mr. D. Sen : For the Reserve Bank of India.
Mr. Kunaljit Bhattacharjee. :For the Respondent No. 6.

JUDGMENT

SANJIB BANERJEE, J. : –

The writ petitioners question a decision of April 7, 2009 by the grievance redressal committee of the respondent private bank declaring the petitioner company to be a willful defaulter within the meaning of a Reserve Bank of India master circular dated July 1, 2008. There are several levels on which the challenge has been launched. The petitioners allege that the master circular is unconstitutional and, in any event, the grievance redressal mechanism contemplated thereunder is a meaningless, facile exercise. They say that even if the master circular is upheld in its entirety, the relevant committee of the bank may still be found to have acted without jurisdiction since the master circular applies to lender-borrower transactions between a bank and another; and, the nature of the agreement which is the subject matter of the proceedings did not involve a lender-borrower relationship between the bank and the petitioner company. The petitioners also allege violation of the principles of natural justice in the bank committing procedural impropriety and maintain that the decision is tainted by institutional and personal bias.

2. The prayers are resisted pri











































































































































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top