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2020 (11) TMI 1123

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..... a copy of the reasoned order shall be supplied to the petitioner after the Committee passes the same forthwith. Liberty is granted to the petitioner, if he is not satisfied with the order, to take steps as per law. This order is passed without prejudice to the rights and contentions of the parties.' In the facts of the present case, it would be appropriate to pass similar directions in the present case also - the petitioner is also free to request the respondent bank during the personal hearing to provide the documents which have been relied upon in the show cause notice or relied upon by the respondent bank, a copy of which have not been provided to the petitioner. Petition disposed off. - Hon'ble Mr. Justice Jayant Nath For the .....

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..... declared as a wilful defaulter. 4. The learned senior counsel appearing for the petitioner has made the following submissions: i) He has submitted that all the documents, which have been stated in the show cause notice and relied upon by the respondent bank, have not been provided to the petitioner. ii) He further states that the show cause notice has not been issued by the Wilful Defaulter Committee and the concerned functionaries, which is contrary to the judgement of the Supreme Court in the case of State Bank of India v. Jah Developers Pvt. Ltd. Ors., 2019 (6) SCC 787. iii) It is further stated that the petitioner has resigned as director from the said company on 16.11.2012 and hence show cause notices are misplaced. 5. Admittedly, some .....

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..... he is not satisfied with the order, to take steps as per law. This order is passed without prejudice to the rights and contentions of the parties. 6. In my opinion, in the facts of this case, it would be appropriate to pass similar directions in the present case also. 7. Apart from the above, the petitioner is also free to request the respondent bank during the personal hearing to provide the documents which have been relied upon in the show cause notice or relied upon by the respondent bank, a copy of which have not been provided to the petitioner. 8. In case, such a request is made, the Wilful Defaulter Committee may provide copies of all the documents, which have been relied upon in the show cause notice or relied upon by the respondent .....

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