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2020 Supreme(Telangana) 751

R.S.CHAUHAN, B.VIJAYSEN REDDY
Rajesh Agarwal – Appellant
Versus
Reserve Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mukul Rohatgi, Senior Counsel for Tarun G. Reddy
For the Respondents: B. Nalin Kumar, B.S. Prasad, Senior Counsel for K. Surender, Namavarapu Rajeshwar Rao, ASSGI, Maheshwar Rao Kunchem, M.V. Ramana and Pearl Law Associates

JUDGMENT :

R.S. Chauhan, J.

1. Aggrieved by the non-inclusion of principles of natural justice in the Master Directions on Fraud ('the Master Circular', for short), dated 01.07.2016, issued under Section 35-A of the Banking Regulation Act, 1949 by the Reserve Bank of India, aggrieved by the decision of the Joint Lenders Forum ('the JLF', for short) dated 15-02-2019, and aggrieved by the resolution of the Fraud Identification Committee ('FIC', for short) dated 31.07.2019, whereby both the JLF and the FIC have classified the account of M/s. B. S. Limited, ('the Company', for short), of which the petitioner was the former Chairman and Managing Director, as 'fraud' and 'willful defaulter', the petitioner, Mr. Rajesh Agarwal, has approached this Court.

2. Briefly, the facts of the case are as under:

2.1. The petitioner was the Chairman and the Managing Director of the Company-a Company incorporated and registered under the Companies Act, 1956, having its registered office at Hyderabad. The Company was engaged in the business of Power Transmission & Distribution, Passive Telecom Infrastructure; it also worked in the area of Renewable Energy, and Mineral Resources. During the period 2006-2014

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