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Indian Laws - Highlights / Catch Notes

Home Highlights July 2020 Year 2020 This

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.

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