KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
STEEL HYPERMART INDIA – Appellant
Versus
BANK OF BARODA – Respondent
First
petitioner
is
a
Private
Limited
Company
incorporated
under
the
provisions
of
the
erstwhile
Companies Act, 1956. The other petitioners who are
spouses happen to be directors of the said company which
has been carrying on the business of steel and non-steel
products. They are knocking at the doors of Writ Court for
assailing the respondent-banks' letter dated 22.07.2021, at
Annexure-K whereby, they were asked to show cause "as to
why your account and you be not classified by the bank as
a willful defaulter". They also call in question Review
Committee order dated 28.7.2022 at Annexure-A whereby,
not being convinced of the cause shown, they have been
declared as willful defaulters.
Learned
Sr.
Advocate
appearing
for
the
petitioners argues for faltering the impugned show cause
notice and the order that: an opportunity of personal
hearing despite demand was not granted and thus, there is
violation
of
principles
of
natural
justice
warranting
4
invalidation of the impugned instruments; branding the
borrowers as willful defaulters cannot be readily done, there
being extant RBI guidelines and Central Government
Circulars
regulating
the
same.
The
due
procedure
prescribed under these
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