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2024 Supreme(Guj) 481

HEMANT M. PRACHCHHAK
Shankarlal Sitaram Somani – Appellant
Versus
IDBI Bank Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Saurabh Soparkar, Ravi Pahwa.
For the Respondent: B.H. Bhagat.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Today, Mr. Saurabh Soparkar, learned Senior Counsel assisted by Mr. Ravi Pahwa, learned Counsel for the petitioners has tendered the draft amendment. The said draft amendment is not objected by Mr. Bhagat, learned Counsel for the respondent. With broad consensus, the draft amendment is allowed. Amendment to be carried out within period of one week from the date of receipt of copy of the order.

2. Present petition is filed by the petitioners under Article 226 of the Constitution of India with the following reliefs:

    “(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus, or any other appropriate writ order or direction, quashing and setting aside the decision of Review Committee for Identification of Willful Defaulter taken in Minutes of Meeting dated 12.2.2024 as well as decision of Willful Defaulter Identification Committee of the respondent bank taken in purported Minutes of Meeting dated 5.10.2023 and the subsequent action of respondent bank in reporting of the name of petitioners to Reserve Bank of India/CIBIL as a willful defaulter, as being illegal, unreasonable, unjustified, arbitrary as also violative of Art. 14 and 19(1)(g) of the

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