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2021 Supreme(Guj) 955

BHARGAV D.KARIA
Akshar Advisor Private Limited – Appellant
Versus
Bank Of India Thru Its Deputy General Manager – Respondent


Advocate Appeared:
For the Appellant :MR NAVIN PAHWA, LD.SR.ADV FOR THAKKAR AND PAHWA ADVOCATES
For the Respondent: KULDEEP K ADESARA, MR KM PARIKH, Adv

JUDGMENT :

Heard learned Senior Advocate Mr. Naveen Pahwa for Thakkar And Pahwa Advocates for the petitioner and learned advocate Mr. K.M. Parikh for the respondent.

1. By these petition under Article of the 226 of the Constitution of India, the petitioner has challenged the action of the Committee of the Executives of Willful Defaulters (Identification Committee) and the Review Committee of the respondent-Bank of India identifying the account of the petitioner as willful defaulter and subsequent reporting of the name of the petitioner to Reserve Bank of India/CIBIL as willful defaulter.

2. It is the case of the petitioner that the petitioner was informed about the decision of declaring the petitioner as willful defaulter vide communication dated 21st February, 2019.

3. The facts leading to the declaration of the petitioner as willful defaulter are as under:

3.1. The respondent-bank granted various credit facilities to the borrower company i.e. Vimal Oil and Foods Limited (for short 'the borrower company') vide sanctioned letter dated 18th November, 2009 and 11th January, 2012. The petitioner stood as guarantor for the said company by executing a Guarantee Deed dated 23rd January, 2015

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