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HIGH COURT OF GUJARAT
BHARGAV D. KARIA, J
SATYAKAM BASU – Appellant
Versus
STATE BANK OF INDIA – Respondent
| Table of Content |
|---|
| 1. challenge to willful defaulter designation. (Para 3 , 4) |
| 2. petitioner's contentions regarding procedural fairness and natural justice. (Para 5 , 6) |
| 3. court's analysis on compliance with regulatory mechanisms. (Para 7 , 9 , 11) |
| 4. clarification of statutory responsibilities of banks in handling defaults. (Para 8 , 10) |
| 5. outcome: petition allowed due to procedural violations. (Para 12 , 13 , 14) |
JUDGEMENT
1. Heard learned advocate Mr. Tirth Nayak for the petitioners and learned advocate Ms.
Mohini Bhavsar for learned advocate Mr.
Bharat Jani for the respondent.
2. Rule returnable forthwith. Learned advocate Ms. Mohini Bhavsar waives service of notice of rule on behalf of respondent.
3. By this petition under Article 226 of the Constitution of India , the petitioners have challenged the order dated 15.02.2021 passed by respondent – State Bank of India, whereby the petitioners were informed that Willful Defaulter Identification Committee of respondent bank in its meeting dated 28.08.2020 has declared the petitioners as “Willful Defaulters” and the Willful Defaulters Review Committee of respondent - bank has confirmed the decision of Willful Defaulter Co
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