STATE BANK OF INDIA Vs. VISA STEEL LIMITED

JUDGEMENT

(1.) These appeals are directed against the order of the learned Single Judge dated 09th of July, 2021 passed in WPO 233 of 2021 whereby the writ petitioner has been granted an opportunity to appear before the Review Committee. APOT 111 of 2021 is at the instance of the writ petitioner whereas APOT 121 of 2021 is at the instance of the bank.

(2.) The writ petition was filed challenging the decision of the Wilful Defaulter Committee of the bank dated 09th of April, 2021. The case of the writ petitioner before the learned Single Judge was that the petitioner No. 1 had availed certain credit facilities from the consortium of lenders including the appellant bank and the other two petitioners are the personal guarantors and directors of the petitioner No. 1. Proceedings were initiated before Wilful Defaulter Committee, and show-cause notices were issued which were replied by the writ petitioner and thereafter the notice of personal hearing dated 14th of October, 2020 and 28th of October, 2020 were issued which were also replied by the writ petitioner. A fresh showcause notice dated 09th of March, 2021 was issued and thereafter on 22nd of March, 2021 a notice of personal hearing was given which was replied by the writ petitioners. The opportunity of personal hearing could not be availed by the petitioner and the Willful Defaulter Committee had taken the decision dated 09th of June, 2021 declaring the writ petitioner as willful defaulter. Aggrieved with the same they had approached the writ Court.

(3.) The order of the learned Single Judge records the submission of the bank that the writ petitioners can avail the personal hearing before the Review Committee accordingly the writ petition has been disposed of giving an opportunity to the writ petitioner to appear before the Review Committee.