2020 (9) TMI 1291 - HC - Indian Laws

Willful defaulters - it is urged by the petitioners that the respondents have already made up a mind to treat the petitioners as willful defaulters - HELD THAT - It is found that this is merely a tentative opinion expressed and it is not adjudication that the petitioners are declared as willful defaulters. The hearing is yet to be conducted, as informed by the learned counsel for the petitioners. The hearing would obviously be conducted on the show cause notice dated 13.11.2019. It is only after grant of hearing to the petitioners that the final adjudication shall be done by the Bank. This order is passed on the basis of the contention of the learned counsel for the petitioners. However, if at all after granting of hearing to the petitioners, an order is already passed declaring the petitioners as willful defaulters, the observations made above, will not apply. Petition dismissed.

Summary

The Bombay High Court conducted a hearing via Video Conferencing regarding a petition challenging the declaration of the petitioners as willful defaulters. The Court found that the respondents had not yet made a final decision and that the hearing was yet to take place. The Court dismissed the petition, stating that if the petitioners were declared willful defaulters after the hearing, the current observations would not apply.