The HC quashed the orders declaring the Petitioner as a Wilful ...

Wilful Defaulter Declaration Quashed for Violation of Natural Justice.

January 21, 2025

Case Laws Companies Law HC

The HC quashed the orders declaring the Petitioner as a Wilful Defaulter by Respondent No. 1 Bank. The Court held that the Master Circular on Wilful Defaulters issued by RBI requires strict adherence to principles of natural justice given the grave civil and penal consequences. The Petitioner was not provided substantial opportunity of being heard or documents relied upon, violating natural justice. The HC affirmed the maintainability of the petition against the Bank under Article 19(1)(g) of the Constitution as per the Supreme Court's decision in Jah Developers case. The statutory procedural mechanism under the Master Circular must be followed strictly.

View Source

← Previous Next →

The HC quashed the orders declaring the Petitioner as a Wilful ...

Wilful Defaulter Declaration Quashed for Violation of Natural Justice.

January 21, 2025

Case Laws Companies Law HC

You may also like:

The High Court considered the issue of willful defaulters and the declaration of loan accounts as fraud without proper notice or hearing. The fraud declaration was found...

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...

Willful defaulters - declaration by a Bank based on a Master circular of RBI - In the absence of serving the order of COE on the petitioners, there could never have been...

Declaration of Petitioner as a Wilful Defaulter under the Master Circular on Wilful Defaulters, 2015 - depriving the Petitioner from availing credit facilities for his...

Rectification of mistake - mistake apparent on the face of record or not - it cannot be stated that non-taking of notice of Email on 25.04.2021 as amounting to violation...

Doctrine of piercing the corporate veil - In proceedings for declaration of Wilful Defaulter, the corporate veil has to be lifted in order to examine the role of the...

Disqualification of resolution applicant - wilful defaulter of bank - Rejection of Resolution Plan submitted by the Applicant - Appellant submits that on the day when...

Reassessment proceedings initiated u/s 147 were quashed by ITAT for violation of principles of natural justice due to lack of opportunity for cross-examination of...

Declaration of bodies corporate, their promoters and directors, as “wilful defaulters” - Lack of transparency and due process in the Union Bank's procedure for declaring...

Declaration of Wilful Defaulter of the petitioner - Liability of Directors - The High Court dismissed the petitioner's arguments regarding the mechanical repetition of...

The High Court held that the show cause notice (SCN) issued for cancellation of the petitioner's Goods and Services Tax (GST) registration was vague and violated...

Petition maintainable despite previously filed appeal. Order passed in violation of principles of natural justice by not allowing petitioner to file reply within...

Order quashing penalty levied u/s 130 of GST Act due to violation of principles of natural justice. Authority failed to address petitioner's request for personal hearing...

The High Court quashed the impugned order canceling the petitioner's GST registration, citing violation of natural justice principles. The order and subsequent show...

Willful Defaulters - The Calcutta High Court, in its judgement, set aside and quashed the decisions of both the First Committee and the Review Committee (RC) declaring...

Quick Updates: