Bank of India vs Amit Kumar Kejriwal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

APPELLATE SIDE
T.S. Sivagnanam, CJ, Hiranmay Bhattacharyya, J
Bank of India – Appellant
Versus
Amit Kumar Kejriwal – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Anuj Singh, Mr. Varun Kothari, Ms. Niharika Singh, Ms. Rupal Singh, Mr. Ashok Kr. Singh
For the Respondents: Ms. Noella Banerjee, Mr. Dipak Dey, Mr. Avidipta Tarafder

Table of Content
1. understanding the basis for the appeal concerning procedural violations. (Para 2)
2. evaluation of arguments regarding the classification as fraudulent. (Para 3 , 4)
3. discussion on the implications of non-adherence to natural justice norms. (Para 5 , 6 , 10 , 12 , 14)
4. the court's determination regarding the need for procedural compliance. (Para 11 , 13)
5. outcome of the appeal and next procedural steps for the bank. (Para 15 , 16)

JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. Affidavit of service filed in Court today is taken on record.

2. This intra-Court appeal by the Bank of India, respondent in W.P.A. 16291 of 2023 is directed against an order dated 8th July, 2023, largely focussed on certain directions and observations made by the learned Single Bench in the impugned order. The writ petitioner was the erstwhile Director of Swati Mining Private Limited, which had availed certain financial facilities from the appellants/bank and ultimately, branded as a fraudulent transaction. The company in question is under liquidation pursuant to the orders passed by the National Company Law Tribunal in a proceeding initiated by the appellant/bank

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APPELLATE SIDET.S. Sivagnanam, CJ, Hiranmay Bhattacharyya, JBank of India – AppellantVersusAmit Kumar Kejriwal – Respondent

Cases Referred (1)

APPELLATE SIDE
T.S. Sivagnanam, CJ, Hiranmay Bhattacharyya, J
Bank of India – Appellant
Versus
Amit Kumar Kejriwal – Respondent