IN THE HIGH COURT OF DELHI AT NEW DELHI
ASEEM ANAND GUPTA VS. UNIVERSITY OF DELHI & ORS.
W.P.(C) 17977/2025
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17977/2025 & CM APPL. 74353/2025, CM APPL.
74354/2025 MR SUBHASH DABAS .....Petitioner Through: Appearance not given.
versus AXIS BANK LIMITED & ANR. .....Respondents Through: Mr. Anupam Singh, Adv. for R-1 Ms. Ms. Tanya Chowdhary, Ms. Manisha Singh, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 13.02.2026
1. ThisisapetitionfiledunderArticles226and227oftheConstitutionof India seeking the following prayers:-
“a. Issue an appropriate writ, order, or direction in the nature of certiorari, calling for the entire original record from Respondent No. 1 pertaining to the Petitioner’s loan account, including the purported show-cause notice,the alleged order of the Wilful Defaulter Identification Committee, and any decision of the Review Committee, if any, whereby the Petitioners and M/s Tirupati Construction Company were purportedly declared as“wilfuldefaulters”—noneofwhichwereeverserveduponor made known to the Petitioners;
b. Issue a writ, order, or direction in the nature of certiorari or any other appropriate prerogative writ thereby quashing and setting aside ab initio the purported show-cause notice, the alleged order of the Wilful Defaulter Identification Committee, and the decision, if any, of the Review Committee issued by Respondent No. 1 purportedly under the RBI Master Circular on Wilful Defaulters dated 01.07.2015, being ex facie illegal, arbitrary, non est in law, and violative of the binding principles ofnaturaljustice,Articles14and19(1)(g)oftheConstitutionof India, as well as the authoritative pronouncement of the Hon’ble Supreme Court in State Bank of India v. Jah Developers Pvt. Ltd., (2019) 6 SCC 787;
c. Issue a writ, order, or direction in the nature of mandamus, commanding Respondent Nos. 1 and 2 to recall ab initio the purported show-cause notice (if any) and the impugned decisions of the Identification Committee and Review Committee (if any), relating to the illegal and void declaration of the Petitioners as “wilful defaulters,” and to restore the Petitioners’ record, status, and reputation to the position that existed prior to such unlawful classification;
d. Direct Respondent No.1 to produce on affidavit the complete and original record of all proceedings under the impugned Master Circular, including internal notings, communications, minutes, and documents forming the basis of the classification, together with proof of service thereof, if any, upon the Petitioners;
e. Issue a writ, order, or direction in the nature of mandamus, directing Respondent No. 1 to forthwith and with retrospective effect (ab initio) delete and remove the names of the Petitioners and M/s Tirupati Construction Company from all lists or databases of “wilful defaulters” maintained by Respondent No. 2 – the Reserve Bank of India, or by any Credit Information Company, financial institution, or other regulatory authority;
f. Issue a writ, order, or direction in the nature of mandamus, directing Respondent No. 1 to permanently delete the names and/or photographs of the Petitioners from all publications, websites, portals, and other public domains portraying them as “wilful defaulters,” and to publish corrective statements and clarifications withdrawing such defamatory material and restoring the Petitioners’ commercial and professional reputation;
g. Issue a writ, order, or direction declaring that the Master Circular bearing reference RBI/2014-15/73 DBR.No.CID.BC.57/20.16.003/2014-15 dated 01.07.2014, as updated on 01.07.2015, is ultra vires the Constitution of India insofar as it enables unilateral classification of individuals or entitiesas“wilfuldefaulters”bybankswithoutthesafeguardof an independent adjudicatory mechanism or judicial oversight, being violative of Articles 14 and 19(1)(g) of the Constitution of India;
h. Issue a writ, order, or direction declaring that the one-year “cooling period” stipulated under the RBI Master Direction on Treatment of Wilful Defaulters and
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.