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2021 Supreme(Mad) 3553

SANJIB BANERJEE, P. D. AUDIKESAVALU
Senthil Arumugasamy – Appellant
Versus
Deputy General Manager – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms.Ananda Gomathy
For the Respondents: Mr.S.Sethuraman

ORDER :

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records of the 1st Respondent contained in its impugned order bearing SAMB/CBE/CLO III/431 dated 09.08.2019 and to quash the same as arbitrary unjust and illegal.

The erstwhile managing director of a company, that has now gone into liquidation pursuant to an order passed by the National Company Law Tribunal, questions the propriety of an order dated August 09, 2019 passed by the State Bank of India branding him as a wilful defaulter within the meaning of the expression in the Master Circular issued by the Reserve Bank of India on July 01, 2015.

2. The principal ground urged by the petitioner is that there does not appear to be any consideration of the petitioner's representation and no application of mind by the Review Committee of the bank.

3. A notice was issued on May 10, 2018 by the State Bank of India to several directors of the borrower company which had obtained credit facilities in connection with its business. Though the copy notice appearing at page 184 of the papers filed by the petitioner pertains to another then director of the relevant company

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