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SATISH CHANDRA SHARMA, SACHIN DATTA
Lagadapati Madhusudhan Rao – Appellant
Versus
State Bank Of India – Respondent
JUDGMENT :
LPA 202/2023
1. The present appeal has been filed by the appellants being aggrieved by the order dated 13.03.2023, passed by the learned Single Judge in W.P.(C) 12672/2022. The said writ petition was filed by the appellants seeking (i) setting aside of the letter dated 19.08.2022 issued by the respondent, whereby the appellants have been declared as Wilful Defaulters; and (ii) setting aside of the decision taken by the Identification Committee of the respondent bank on 27.07.2022 identifying the appellants as Wilful Defaulters.
2. By the aforesaid impugned order dated 13.03.2023 the learned Single Judge has dismissed the writ petition filed by the appellants and has granted liberty to the appellants to file a detailed representation within 10 days from the date of the said order before the Review Committee under the RBI Master Circular, which would be considered by the said Review Committee, and a reasoned order passed thereon. The contention of the appellants that relevant documents were not supplied to them was also left open to be considered by the Review Committee.
The court granted the appellants liberty to file a detailed representation before the Review Committee under the RBI Master Circular and directed that the Review Committee's order shall not be given ....
The main legal point established in the judgment is that decisions of administrative bodies must be reasoned and must provide a fair opportunity for the affected parties to be heard, in accordance wi....
The main legal point established in the judgment is the requirement for reasoned orders and adherence to natural justice principles in the identification of wilful defaulters under the Master Circula....
Debt Recovery and Monetary Laws - Bank - Loan - Notice - Order of Identification Committee and Review Committee - Challenged - Prior to Identification Committee taking a fresh decision, Bank will add....
Procedural fairness and adherence to natural justice are crucial when classifying individuals as wilful defaulters under banking regulations.
The court emphasized the importance of following the procedure as prescribed in the Master Circular dated 1st July, 2015, and providing an opportunity for the petitioners to defend themselves. The co....
Point of law: The law in this country does not concede an absolute right of representation to an employee in domestic enquiries as part of his right to be heard and that there is no right to represen....
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