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2025 Supreme(Online)(DEL) 426

HIGH COURT OF DELHI
HON'BLE THE CHIEF JUSTICE, CJ, HON'BLE MR. JUSTICE TUSHAR RAO GEDELA, J
IDBI BANK LTD – Appellant
Versus
GAURAV GOEL & ORS. – Respondent


Advocates:
Mr. V. P. Singh, Adv. with Ms. Dacchita Shahi, Mr. Akshat Singh, Mr. Bhanu Gupta, Mr. Utkarsh Kandpal and Mr. Adeem Ahmed, Advs.; Mr. Pulkit Prakash, Adv. with Ms. Nidhi Vardhan, Ms. Shakshi Goyal and Mr. Kanishk Arora, Advs. for R-1 to R-4; Mr. Ramesh Babu, Adv. with Ms. Manisha Singh, Ms. Tanya Chowdhary, Ms. Jagriti Bharti and Mr. Rohan Srivastava, Advs. for RBI.

Table of Content
1. idbi bank challenges direction (Para 1)
2. misreading of supreme court judgment (Para 2 , 3)
3. rbi directions and fair hearing (Para 4)
4. application of audi alteram partem (Para 5 , 6 , 7 , 8 , 14)
5. consideration of submissions (Para 9)
6. right to personal hearing (Para 10)
7. nature of procedure under rbi directions (Para 11 , 12 , 13)
8. consequences of classification as fraud (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
9. dismissal of appeal (Para 25 , 26 , 27)

JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, C.J.

1. By instituting the proceedings of this intra-court appeal, the appellant/ IDBI Bank Limited (hereinafter referred to as ‘IDBI Bank’) seeks to challenge partially the judgment and order dated 22.05.2024 passed by the learned Single Judge in W.P. (C) No. 3733/2024 to the extent it directs that petitioners (respondents herein) will be at liberty to make request for personal hearing to the IDBI Bank, which shall be considered accordingly.

2. Impeaching the impugned direction given by the learned Single Judge vide judgment and order dated 22.05.2024, it has been argued by learned counsel appearing for the IDBI Bank that the said direction is based on misreadi

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