GAURAV DALMIA Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) The two matters, arising from identical subject-matters, are taken up together for hearing. The petitioners in both the writ petitions, namely, Gaurav Dalmia and Raghu Hari Dalmia, were promoters and directors in PRO Minerals Private Limited (PMPL), which was incorporated in the year 2020. Subsequently, the respondent no. 2-bank issued a notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.

(2.) On August 23, 2016, an allegation of wilful default was raised by the bank. A demand letter was given by the bank on August 25, 2016, to which the petitioners gave a reply on September 2, 2016. The respondent no.2 advised the PMPL to appear before its committee on November 8, 2016. Pursuant to an order dated November 30, 2016 passed by this court in a writ petition filed by the PMPL against the declaration of wilful default, a detailed representation was filed on December 14, 2016 by PMPL to the bank against the declaration of wilful defaulter.

(3.) The respondent no.2-bank gave a reply to the representation on December 29, 2016. Vide order dated January 9, 2017, the Identification Committee on wilful defaulter passed an order, declaring the petitioners and PMPL as wilful defaulters.