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2022 Supreme(Ori) 18

ARINDAM SINHA
Salubrity Biotech Ltd. – Appellant
Versus
Bank Of Baroda, Vadodara – Respondent


Advocates Appeared:
Mr. G.M. Rath, Advocate, for the Appellant, Mr. K.M.H. Niamati, Advocate, for the Respondent.

ORDER

1. Mr. Rath, learned advocate appears on behalf of petitioners and submits, impugned is communication dated 7th February, 2022, by which opposite party-bank informed debit of prepayment charges for closure of credit facilities. He submits, the sanction letter did not contain any such term. It is an unfair practice as per guidelines issued by Reserve Bank of India (RBI).

2. He refers to circular dated 6th March, 2007 issued by the Reserve Bank of India laying out 'Guidelines on Fair Practices Code for Lenders'. He submits, clear guideline was for including comprehensive information on, inter alia, pre-payment option. The apex bank followed up by circulars dated 25th November, 2008 and12th November, 2010. He refers to sanction letter dated 5th November, 2019 and submits, there is only reference to processing charges at Rs.350 per lac or part thereof and in addition, goods and services tax (GST).

3. Mr. Niamati, learned advocate appears on behalf of the bank. He submits, the sanction letter does contain reference to circular of his client under processing charges. In that circular has been provided prepayment charges. Therefore, the petitioner borrower cannot say that the informati

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