Vishambhar Saran vs Central Bank of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1380

SABYASACHI BHATTACHARYYA
Vishambhar Saran – Appellant
Versus
Central Bank of India – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Sabyasachi Choudhury, Rajarshi Dutta, Debjyoti Saha.
For the Respondents: Usha Doshi, Priyanka Gope.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The two writ petitions, being on connected issues, are taken up together for hearing.

2. In WPO No. 633 of 2023, the petitioners have challenged the decision of the Willful Defaulter Identification Committee (hereinafter referred to as “the First Committee”) to declare the petitioners as Willful Defaulters under the Master Circular on Wilful Defaulters issued by the Reserve Bank of India (RBI) on July 1, 2015.

3. In WPO No. 212 of 2024, the petitioners have challenged the decision of the Review Committee (RC) to affirm the said declaration of the First Committee. At the juncture when the second writ petition was filed, a cryptic communication of the decision of the RC was made to the petitioners, based on which the writ petition was filed. Subsequently, having been served with a copy of the detailed minutes of the RC, the same has been annexed to a supplementary affidavit filed in connection with the second writ petition and also brought within the fold of the challenge.

4. Thus, the subject-matter of consideration in the present writ petitions is whether the respondent-Bank, that is, the Central Bank of India was justified in declaring the pet