Writ petition allowed. Impugned order by respondent bank ...
Bank declared borrower 'fraud' without due process.
Case Laws Companies Law
October 29, 2024
Writ petition allowed. Impugned order by respondent bank declaring petitioner as 'fraud' set aside for lack of due process. No show cause notice issued to petitioner proposing fraud classification. Petitioner not informed about upload on RBI's Central Fraud Registry. No relevant documents like forensic audit report supplied. No hearing afforded before fraud declaration on 20.06.2019. Supreme Court in State Bank of India vs. Rajesh Agarwal held principles of natural justice must be followed while enforcing RBI's Master Directions on Fraud. Civil consequences jeopardize borrower's business future, necessitating hearing before declaring ineligibility for institutional finance under Clause 8.12.1. Impugned order quashed for violating natural justice.
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