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High Court of Bombay Holds Bank of Maharashtra Action Contrary to RBI Wilful Defaulter Guidelines Due to Absence of Reasoned First Committee Order. Declaration of Wilful Defaulter Requires Strict Compliance with Procedural Safeguards Under RBI Master Circular and Supreme Court Precedent.

Background: The dispute arose out of a writ petition filed before the High Court of Judicature at Bombay, Nagpur Bench, challenging the declaration of...

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Bombay High Court Quashes Bank's Wilful Defaulter Declaration for Violating Natural Justice. Show-cause notice lacking specific grounds renders the decision invalid under RBI Master Circular on Wilful Defaulters.

The petitioners, Nitin Shah, Rahul Shah, and Kunal Shah, who were directors of Nitin Fire Protection Industries Ltd. (the corporate debtor under CIRP)...

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High Court of Karnataka Quashes Show Cause Notice for Willful Defaulter Declaration Due to Lack of Application of Mind — Bank Issued Notice Without Considering Petitioner's Reply or Providing Adequate Opportunity Under RBI Master Circular.

The petitioner, B.G. Chandrashekar, a borrower from Canara Bank, defaulted on a loan of Rs. 7,07,94,378/-. The bank initiated recovery proceedings und...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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Bombay High Court Quashes IDBI Bank's Wilful Defaulter Declaration Against Non-Executive Director. The Court Holds that Failure to Provide Copies of Documents and Fair Hearing Violates Principles of Natural Justice and RBI Guidelines.

Background: The writ petition was filed by a non-executive director of Ruchi Soya Industries Limited, a public listed company, challenging his declara...

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Bombay High Court Quashes Wilful Defaulter Declaration Against Directors Due to Violation of Natural Justice. Show-Cause Notice Not Served to Directors Individually, Only to Company, Rendering WDIC and Review Committee Orders Unsustainable.

The petitioners, who are directors of M/s. Universal Industrial Equipments and Technical Services Pvt. Ltd., challenged orders dated 07.12.2020 and 26...

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Supreme Court Allows Bank's Appeal, Holds Borrower of Project Loan Not a Consumer Under Consumer Protection Act, 1986. Loan availed for commercial purpose of film post-production excludes company from consumer definition under Section 2(1)(d)(ii).

The Supreme Court considered two appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 30.08.2023. The ap...