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2025 (3) TMI 853

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..... h liberty to initiate fresh proceedings against the Petitioner. The Respondent No.1-Bank of India is at liberty to issue fresh show-cause notice to the Petitioner and the Petitioner is at liberty to raise all objections and contentions including an objection to the partiality of the FAR dated 15th September 2023 in his reply to the show-cause notice. Conclusion - The show-cause notice dated 17th August 2023 is quashed and set aside and stands withdrawn by the Respondent No.1-Bank of India. All consequential proceedings/action pursuant to the show-cause notice taken by the Bank also stand withdrawn and cancelled. The same shall be communicated by the Bank to the Petitioner within 72 hours from the date of uploading of this order. Petition .....

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..... was the contention of the Petitioner that he was not aware of any such final FAR nor was a copy provided to him so far, this Court directed that the said report shall not be acted upon till the next date. 3) Pursuant to the order dated 25th September 2023, the Petition was amended and the prayer (d-1) and was added seeking to quash and set aside the letter/show-cause notice dated 17th August 2023, addressed by the Respondent No.1-Bank of India to the Petitioner. 4) Today when the matter was taken up for hearing, at the very outset, Mr. Cyruz Ardeshir, learned counsel appearing for the Respondent No.1-Bank of India submitted that the Bank is willing to withdraw the show-cause notice dated 17th August 2023 calling upon the Petitioner to pr .....

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..... due reflection, and having considered the statement of Mr. Ardeshir made on instructions, we deem it only fair and proper to permit the Respondent No.1-Bank of India to withdraw the show-cause notice based on the FAR dated 9th August 2023 with liberty to initiate fresh proceedings against the Petitioner. The Respondent No.1-Bank of India is at liberty to issue fresh show-cause notice to the Petitioner and the Petitioner is at liberty to raise all objections and contentions including an objection to the partiality of the FAR dated 15th September 2023 in his reply to the show-cause notice. 7) In view of the above, the show-cause notice dated 17th August 2023 is quashed and set aside and stands withdrawn by the Respondent No.1-Bank of India. .....

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