9911796707
TMI Blog2019 (9) TMI 1630X X X X Extracts X X X X X X X X Extracts X X X X ..... ow-cause notice is the understanding of the another of the show-cause notice of the decision of the Identification Committee. Such understanding cannot substitute the decision of the Identification Committee in its original form nor the materials placed by the Bank before the Identification Committee on which basis the Identification Committee arrived at its decision. The petitioners were therefore deprived of the materials, which were before the Identification Committee and which the Identification Committee considered to recommend providing under the Master Circular on Wilful Defaulters dated July 1, 2015 against the delinquent. The petitioners, therefore, were denied an opportunity to meet the claim of the Bank in the proceeding. The imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , there is no infirmity in the impugned decision. He refers to the prayers made in the writ petition and submits that, the validity of the decisions taken by the Identification Committee are not under challenge. 4. Atlantic Projects Limited (supra) is of the view that the decision of the Identification Committee taken under the Master Circular on Wilful Defaulters dated July 1, 2015 must be communicated to the delinquent for the delinquent to reply thereto. It expresses a view that, the Identification Committee must communicate its first decision to the delinquent. It is imperative that the first decision of the Identification Committee is communicated to the delinquent since the delinquent must have notice of the materials placed before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that, the principles of natural justice apply to a proceeding undertaken by the Bank under the Master Circular on Wilful Defaulters. In the facts of the present case, the petitioner not being given a copy of the initial decision of the Identification Committee and such decision not being communicated to the petitioners, in my view, the principles of natural justice stands breached. 8. In such circumstances, all steps taken by the Bank under the Master Circular on Wilful Defaulters dated July 1, 2015 against the petitioners are quashed. 9. As noted above, it is the contention of the Bank that the action taken by the Bank under the Master Circular on Wilful Defaulters dated July 1, 2015 was not under challenge in this writ petition. With r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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