IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION No.3616 OF 2021 Rajan Shrivallabha Deshpande, Aged about 63 years, Occupation : Legal Practitioner, “Swanand”, S.B.I. Colony No.1, Jatharpeth, Akola, Tq. and Distt. Akola. PETITIONER ...VERSUS...

1. Bank of Baroda, A body corporate (nationalized bank) constituted under banking companies (Acquisition & Transfer of Undertakings) Act, 1970, having its corporate office at Mumbai, through its Deputy General Manager, Baroda Corporate Centre, C-26, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai-400 051.

2. Bank of Baroda, A body corporate (nationalized bank) constituted under banking companies (Acquisition & Transfer of Undertakings) Act, 1970, having its Regional Office at Auranbabad, Through its Assistant General Manager and Regional Head, Aurangabad Region, Plot No.8, Sector-E, CIDCO, N-5, Town Center Aurangabad-431 003. RESPONDENTS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

Shri M.M. Sudame, Advocate for Petitioner. Shri S.N. Kumar, Advocate for Respondents.

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CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ. DATE ON WHICH ARGUMENTS WERE HEARD : 28 ^TH JUNE, 2022 . DATE ON WHICH JUDGMENT IS PRONOUNCED : 03 ^RD AUGUST , 2022 .

JUDGMENT : (Per : Urmila Joshi-Phalke, J.)

1. The petitioner has challenged the action of his de- empanelment by respondent No.1-Bank of Baroda vide communication dated 16.12.2019. A challenge is also raised to the show-cause notice dated 22.07.2020 as having been issued with premeditation.

2. The petitioner is a registered legal practitioner since 16.9.1980. He is member of Akola Bar Association and practicing at Akola District Court. He had represented various institutions such as Dr. Panjabrao Deshmukh Krishi Vidyapeeth, Akola, as a Special Counsel for Municipal Corporation, Akola and various educational institutions and nationalized&co-operativeBanks. As per the contention of the petitioner he was on the panel of Advocates of respondent No.1-Bank of Baroda under the control of regional office Nagpur since more than 30 years.

3. In the year 2012, the petitioner was asked by Bank of Baroda, Branch at Jalna for title report (search report) in respect of property belonging to M/s. Krishidhan Seeds Limited. The petitioner was asked to submit search report of Nazul Plot No.6/3, Sheet No.26-D, situated in the area known as Mangaldas Market, Akola, Taluka and District Akola, admeasuring area 1702 sq.ft. along with building constructed thereon. Accordingly, he had perused the documents supplied to him by the Bank and carried the requisite search at the office of Sub-Registrar, Akola of 30 years. The petitioner had submitted the title report on 11.5.2012. As per the contention of the petitioner he had prepared said title report with utmost care and by due diligence by safeguarding the interest of the Bank. But suddenly on 21.12.2019 he had received a communication dated 16.12.2019 by which it was intimated to him that his name was removed from the list of Bank’s Panel Advocates. As per the contention of the petitioner the action of de-empanelment is completely stigmatic and arbitrary. His name was removed from the panel of Advocates by the Bank on an allegation that the search report submitted by him was not undertaken with due diligence. The petitioner had returned the remaining work of Bank. It is further contended by the petitioner that the Bank did not afford any opportunity of justification to him. The action of the Bank was against the settled principles of natural justice. He had submitted the reply to the said communication on 10.1.2020. He had explained that the Property Card dated 27.12.2019 nowhere reflected that M/s. Krishidhan Seeds Limited had sold any portion of property to some other persons. During the inspection of the Index-II register also nowhere it revealed that any sale transaction had taken place. There was absolutely no negligence on his part while issuing search rep