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Issues: (i) Whether the petitioner's name was wrongly included in the list of suit filed accounts defaulters published on the credit information website and liable to be deleted. (ii) Whether time to approach the Review Committee under the Master Circular on wilful defaulters could be enlarged.
Issue (i): Whether the petitioner's name was wrongly included in the list of suit filed accounts defaulters published on the credit information website and liable to be deleted.
Analysis: The petitioner's resignation from the directorship of the concerned companies was undisputed, and it was also not disputed that the petitioner was not a party to the DRT proceedings. The inclusion of the petitioner's name in the published list was therefore found to be erroneous.
Conclusion: The name of the petitioner was directed to be deleted from the list and the credit information website was directed to be updated accordingly.
Issue (ii): Whether time to approach the Review Committee under the Master Circular on wilful defaulters could be enlarged.
Analysis: In view of the circumstances noticed by the Court, the petitioner was granted additional time to avail the remedy before the Review Committee.
Conclusion: Time to approach the Review Committee was enlarged by 15 days.
Final Conclusion: The petitions succeeded to the extent of correction of the erroneous publication and extension of time to pursue the statutory review remedy, and were otherwise disposed of.
Ratio Decidendi: An erroneous inclusion of a person's name in a defaulter list, when the underlying factual basis is undisputed, is liable to be corrected, and equitable enlargement of time may be granted to enable pursuit of the available review remedy.