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

2021 Supreme(Cal) 586

RAJASEKHAR MANTHA
Suresh Kumar Patni – Appellant
Versus
State Bank Of India, Industrial Finance Branch – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Joy Saha, Senior Advocate. Mr. Anuj Singh, Advocate. Ms. Rashmi Singhee, Advocate. Ms. Madhuja Barman, Advocate.
For the Respondent:Mr. Om Narayan Rai, Advocate. Mr. P. Agarwal, Advocate.

JUDGMENT :

Rajasekhar Mantha, J.

1. The writ petitioners are aggrieved by order/communication dated 20th March, 2021 issued by the Review Committee/ Second Committee, respondents declaring them Wilful Defaulters. Prior thereto on 7th June, 2019 the Wilful Defaulter Identification Committee (WDIC)/First Committee in terms of the Master Circular of the Reserve Bank of India on Wilful Defaulters dated 1st July, 2015 (vide no. RBI/2015-16/100DBR.No.CID.BC.22/20.16.003/2012-16) identified the petitioners as Wilful Defaulters on, inter alia, the grounds that:-

    a) The petitioners defaulted in meeting payment/repayment obligations to the Bank, even though they had the capacity, to do so.

b) The petitioners have not utilised the finance from the lender for the purpose for which it was availed. The petitioners have diverted funds for other purposes.

c) Short term working capital funds have been utilised for long term purposes.

d) Investments were made in other companies by acquiring equity without approval of the bank.

e) The petitioners have siphoned off funds without using the same for the purpose of which funds were availed.

2. Against each of the aforesaid allegations the evidence and documents

                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