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2019 Supreme(Cal) 517

DEBANGSU BASAK
Atlantic Projects Ltd. – Appellant
Versus
Allahabad Bank – Respondent


Advocates Appeared:
For the Petitioners:Saktinath Mukherjee, Sr. Advocate, Satyaraj Banerjee, Syed Nurul Arefin, Advocates
For the Respondents:Om Narayan Rai, Soumashree Ghosh, Advocates

JUDGMENT :

1. The petitioners have assailed a show-cause notice dated July 24, 2018 issued by the Deputy General Manager (Recovery) of Allahabad Bank under the Master Circular of the Reserve Bank of India relating to the declaration of Wilful Defaulters. The petitioners have also sought a direction upon the Bank to allow the petitioners to be represented before the Wilful Defaulter Identification Committee by an advocate.

2. Learned Senior Advocate appearing for the petitioners has submitted that, the impugned show-cause notice is without jurisdiction. He has referred to the Master Circular on Wilful Defaulters dated July 1, 2015 and submitted, referring to Clause 3 of such Master Circular that, the Identification Committee is required to issue the show-cause notice by itself. It cannot delegate such function to any other person. The impugned show-cause notice has been issued by a person who is not a member of the Identification Committee. Therefore, the impugned show-cause notice is bad in law. In support of his contentions that, a show-cause notice under Clause 3(b) of the Master Circular on Wilful Defaulters is required to be issued by the Identification Committee alone, learned S

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