SUREPALLI NANDA
Karvy Stock Broking Limited – Appellant
Versus
Union of India – Respondent
ORDER :
Heard Mr.TPS Harsha, learned counsel appearing on behalf of the petitioner, Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing on behalf of respondent No.1, and Mr.V.Aneesh, learned counsel appearing on behalf of respondent No.3.
2. The Petitioner approached the Court seeking prayer as under :
3. The case of the Petitioner, in brief, as per the averments made in the affidavit filed in support of the present writ petition :
The Petitioner i.
State Bank of India and others vs. Rajesh Agarwal and others
The classification of an account as fraud must adhere to principles of natural justice, including providing a reasoned order and opportunity to be heard.
A bank must adhere to principles of natural justice by providing borrowers with necessary documents and an opportunity to be heard before classifying accounts as fraud.
The classification of an account as fraud involves the right to representation but does not mandate a personal hearing under the Master Directions on Fraud. This aligns with the principles of natural....
Natural justice principles demand notice and opportunity for personal hearing before classifying bank accounts as fraud, ensuring that parties have the chance to defend their rights against severe pe....
The court established that the principles of natural justice require that a borrower be given notice and an opportunity to respond before their account is classified as fraud.
The classification of borrowers as fraud must adhere to principles of natural justice, requiring a fair hearing and proper procedural compliance as mandated by law.
The principle of Audi Alteram Partem must be applied before classifying an account as fraud under RBI guidelines, ensuring borrowers are given a fair opportunity to be heard.
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