CM No. 56/2015 (Exemption)

Allowed subject to just exceptions.

WP© 28/2015 & CM No. 55/2015 (Stay)

1. This is a writ petition filed under Article 226 of the Constitution of India.

2. Issue notice.

3. Mr. Rajesh Gogna accepts notice on behalf of respondent No. 1, while Mr. Jitendra Kumar accepts notice on behalf of respondent Nos. 2, 3 & 4. They waive service of notice. Learned counsels for the respondents also convey that they do not wish to file a counter-affidavit in view of the order that I propose to pass.

4. The challenge in the writ petition is to two impugned communications dated 27.01.2014 and 22.08.2014. In addition, there is also a challenge to an undated letter which is marked as Annexure P-3. In brief, the challenge qua these communications is that the Grievance Redressal Committee (in short the GRC), appointed by respondent No. 2, i.e., the State Bank of India, seeks to declare the petitioners, albeit after considering their representation, as wilful defaulters, in view of the fact that the petitioners have not adhered to the terms and conditions under which loan was advanced to petitioner No. 1 company. To be noted, petitioner Nos. 2, 3 & 4 are guarantors to the l