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of <h1>Petitioner Granted Right to Access Documents and Video Conferencing for Wilful Defaulter Hearing.</h1> <h3>Ratul Puri Versus Bank of Baroda</h3> Ratul Puri Versus Bank of Baroda - TMI Issues:Petitioner seeking writ to set aside/quash communication/Notice, Allegation of wilful defaulter, Lack of documents provided in show cause notice, Resignation as director, Previous court order for personal hearing, Request for documents during personal hearing, Conducting personal hearing through video conferencing.Analysis:The petitioner filed a writ petition seeking relief to set aside/quash a communication/Notice dated 31.10.2020 issued by the Respondent Bank, alleging it to be unlawful, illegal, and arbitrary. The petitioner was appointed as a director in a company in 2007 and resigned on 16.11.2012. The said company was declared as a Non-Performing Asset (NPA) by the respondent bank on 14.10.2012, with proceedings pending before the NCLT, which initiated liquidation proceedings on 30.05.2019. Show cause notices were issued to the petitioner on 13.03.2020 and 31.10.2020 to explain why they should not be declared a wilful defaulter.The petitioner argued that all documents mentioned in the show cause notice and relied upon by the respondent bank were not provided to them. Additionally, the petitioner contended that the show cause notice was not issued by the Wilful Defaulter Committee and concerned functionaries, contrary to a Supreme Court judgment. The petitioner emphasized their resignation as a director in 2012, asserting that the show cause notices were misplaced. A previous court order directed the petitioner to appear before the Wilful Defaulter Identification Committee for a personal hearing, allowing the petitioner to request an adjournment for adequate preparation.The court, considering the circumstances, directed the petitioner to appear before the Wilful Defaulter Identification Committee for a personal hearing. The petitioner was granted liberty to request the respondent bank to provide copies of documents not supplied earlier. The Wilful Defaulter Committee was instructed to provide these documents and allow the petitioner sufficient time to respond to the show cause notice. The petitioner was permitted to conduct the personal hearing from their residence or office through video conferencing. The court disposed of the petition with these directions, resolving all pending applications.
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