MS. PRAKASH GRANITE INDUSTRIES Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Issue raised in this petition as to whether it is within the propriety of the Bank to publish a photograph of defaulter in newspaper in the event of failure on the part of such borrower(s) is no more res integra so far as this High Court is concerned. A co-ordinate Bench of this Court in Ku. Archana Chauhan Vs. State Bank of India AIR 2007 MP 45 has held -

(2.) Though the judgment in Ku. Archana Chauhan (supra) is reportedly distinguished by the Calcutta High Court in Ujjal Kumar Das Vs. State Bank of India : Writ Petition 10315(W) of 2013, wherein learned Judge observed -

(3.) However, of late, a Division Bench of High Court of Judicature at Bombay had an occasion to consider the issue in D.J. Exim (India) Pvt. Ltd. Vs. State Bank of India : Writ Petition (L) No.2808 of 2013 decided on 28.11.2013. The Division Bench after taking into consideration the decision in Ujjal Kumar Das (supra) and W.P. No.10864/2013 and W.P. No.20686/2013 decided by Kerala High Court of deprecating the practise of publishing the photograph of defaulter in newspaper and the decision in Ku. Archana Chauhan (supra) and K.J. Doraisamy Vs. Assistant General Manager, State Bank of India : 2006(4) MLJ 1877 : (2007) 136 Comp. Case 568 Madras wherein action of publishing photograph of defaulter in the newspaper have been upheld and taking into consideration Rule 8 of the Security Interest Enforcement Rules, 2002, which mandates -