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

2024 Supreme(Cal) 152

SABYASACHI BHATTACHARYYA
Atibir Industries Company Limited – Appellant
Versus
Indian Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Ranjan Bachawat, Mr.Suman Kumar Dutt, Adv., Mr.Arijit Bardhan, Adv., Mr.Sarosij Dasgupta, Adv., Mr.Soumyajit Mishra, Adv.
For the Respondent: Mr.Sakya Sen, Adv., Mr.Shounak Mitra, Adv., Mr.Sidhartha Sharma, Adv., Mr. Danish Tashi, Adv., Mr.Rishav Dutt, Adv.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The petitioner no. 1 is a borrower-Company and the other petitioners are its Directors/guarantors. In the present writ petition, the petitioners have challenged a Show-cause Notice dated March 1, 2024 issued by the respondent-Authorities for declaring the petitioners as wilful defaulters in terms of the Master Circular on Wilful Defaulters issued by the Reserve Bank of India (RBI) on July 1, 2015.

2. Learned senior counsel for the petitioners submits that the respondent, after having failed in numerous attempts to vex the petitioners on the self-same alleged default, have issued the impugned Show-cause Notice.

3. The premise of the Show-cause Notice is a purported classification of the account of the petitioner no. 1 as a Non Performing Asset (NPA) with effect from December 27, 2020. However, in a writ petition preferred against such classification, bearing WPO No. 1440 of 2023, this Court restrained the respondent by an order of injunction from proceeding on the premise of, or giving effect to, the impugned proposal for sale of NPAs on the premise that the classification of the petitioner no.1’s account as NPA was patently de hors the relevan

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