Wilful Defaulters or not - petitioners contend that the Show ...
Petitioners challenge Show Cause Notice issued by unqualified bank official, seek broader judicial review u/s 13(3A) SARFAESI Act.
July 2, 2020
Case Laws Indian Laws HC
Wilful Defaulters or not - petitioners contend that the Show Cause Notice was issued by an Assistant General Manager of the Bank, who did not qualify even for being a member of the WDIC - the scope of interference in writ jurisdiction logically ought to be wider in case of a violation of Section 13(3A), SARFAESI Act than a wilful defaulter declaration, the latter being somewhat more preliminary in nature and subject to further checks and bounds, particularly a confirmation by the review committee upon considering the legality and factual veracity of the declaration.
View Source