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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Simbhaoli Sugars Limited – Appellant
Versus
State Bank of India – Respondent
Headnote: Read headnote
JUDGMENT
Mahesh Chandra Tripathi, J.
Heard Shri Rohan Gupta, learned counsel for the petitioner, Shri Anurag Khanna, learned Senior Advocate assisted by Shri Sandeep Arora, learned counsel for the State Bank of India, Shri Ashok Shankar Bhatnagar, learned counsel for Punjab National Bank and Oriental Bank of Commerce, Shri R.V. Pandey, learned counsel for the Bank of India, Shri Yashwant Singh, learned counsel for the UCO Bank, Sri Manish Trivedi, learned counsel for the ICICI Bank, Sri Abhinav Mehrotra, learned counsel for Bank of Baroda and Shri Nishant Mehrotra, learned counsel appearing for one of the Directors and Shri Ravindra Singh, learned counsel for Intervening Applicants (Cane Co-operative Societies).
2. This is a shocking case of clear connivance of unscrupulous businessman and banks, wherein the bank officials have knowingly allowed the petitioner to syphon away almost Rs.1300/- crores of the public money. Here the banks
The judgment establishes that banks are liable for negligence in loan sanctioning, failing to comply with RBI guidelines, and engaging in connivance with borrowers, thereby enabling fraud.
Failure to adhere to RBI guidelines in loan disbursement constitutes fraud, leading to contempt for willful defaults and necessitating CBI investigation.
Criminal conspiracy in terms of Section 120-B of the Code is an independent offence. It is punishable separately.
The main legal point established in the judgment is that the actions of the borrower-Company, including non-repayment, diversion of funds, and disposal of assets, constituted wilful default under the....
Court ruled that CBI's investigation revealed no criminal wrongdoing by bank officials under SARFAESI Act, confirming lawful procedures and directing the petitioner to pursue remedies in special cour....
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