Sabyasachi Bhattacharyya, J:-

1. The petitioner claims to be a Non-Whole Time Executive Director of theDuncans Industries Limited, a Registered Company, which was, along with some of its Whole Time Directors, declared to be Wilful Defaulters under the Reserve Bank of India (RBI) Master Circular on Wilful Defaulters dated July 1, 2015. Although the petitioner was also declared to be a Wilful Defaulter initially by the Wilful Defaulter Identification Committee (for short, “the IC”), which decision was affirmed by the ReviewCommittee (for short, “the RC”), the petitioner claims to fall outside the ambit of the Master Circular. The present writ petition has been preferred against such declaration.

2. Learned senior counsel appearing for the petitioner submits that the RC, while adjudicating the petitioner to be a Wilful Defaulter, failed to decide on the jurisdictional objection raised by the petitioner. It is contended that under Clause 3 of the Master Circular, which provides for the mechanism for identification of Wilful Defaulters, the promoters and Whole Time Directors have been placed on a different footing than Non- Promoters/Non-Whole Time Directors. Clause 3(d) provides that, ex