SUREPALLI NANDA
Ritesh Kumar Agarwal – Appellant
Versus
IDBI Bank – Respondent
ORDER :
1. Heard Mr S.Rajagopalan, learned counsel appearing on behalf of the petitioners and Mr V.V.S.N.Raju, learned standing counsel appearing on behalf of the respondents.
2. The petitioners approached the Court seeking payer as under:
3. The case of the petitioners as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present writ petition is as under:
(b) Thereafter, the State Bank of India in the month of Sept
The court established that the failure to provide a forensic audit report and a personal hearing before declaring wilful defaulters violates natural justice principles.
The court established that access to forensic audit reports is essential for fair proceedings in declaring individuals as wilful defaulters, ensuring adherence to natural justice.
The main legal point established in the judgment is the requirement for quasi-judicial authorities to act fairly, provide an opportunity of personal hearing, and pass reasoned orders in accordance wi....
The court granted the appellants liberty to file a detailed representation before the Review Committee under the RBI Master Circular and directed that the Review Committee's order shall not be given ....
The court clarified that the moratorium under the Insolvency Code does not prevent proceedings for declaring a borrower as a willful defaulter under RBI guidelines, emphasizing adherence to principle....
A declaration of wilful defaulters against non-executive directors requires specific allegations of involvement in the company's financial decisions; otherwise, it violates principles of natural just....
The declaration of a wilful defaulter must adhere to principles of natural justice, requiring access to relevant documents for a meaningful defense.
The central legal point established in the judgment is the significance of following the prescribed procedure, including the issuance of a show cause notice and opportunities for representation, in t....
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