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2021 Supreme(Del) 1243

PRATEEK JALAN
Sanjay Dhingra – Appellant
Versus
Dhanlaxmi Bank Limited – Respondent


Advocates appeared:
Karan Batura, Advocate, Karan Singh, Advocate, Mahipal Singh, Advocate, Gaurav Gupta, Advocate

JUDGMENT

Prateek Jalan, J. - The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

1. The present writ petition is directed against communications dated 22.01.2020 and 12.05.2020 issued by the respondent no.1-Dhanlaxmi Bank Limited ["the Bank"] by which the petitioner has been declared as a Wilful Defaulter under the Master Circular on Wilful Defaulters ["the Master Circular"] dated 01.07.2015, issued by the Reserve Bank of India ["RBI"].

2. The petitioner was a director of a company by the name of M/s Kwality Ltd. which is presently undergoing liquidation before the National Company Law Tribunal ["NCLT"]. His principal grievance is that he was not issued any show cause notice prior to the communication dated 22.01.2020, by which he has been declared a Wilful Defaulter by the Identification Committee of the Bank.

3. The procedure for declaration of Wilful Defaulters is laid down in Clause 3 of the Master Circular, the relevant provisions whereof read as follows:-

    "3. Mechanism for identification of Wilful Defaulters

    The mechanism referred to in paragraph 2.5 above should generally include the following:

    (a) The evidence of wilful default on

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