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    <title>2020 (8) TMI 26 - DELHI HIGH COURT</title>
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    <description>A wilful defaulter declaration affecting civil and commercial rights must follow the RBI Master Circular procedure: the first committee must issue notice, consider the borrower&#039;s response, record a reasoned decision, and communicate that decision before a separate review committee considers any further representation. The Delhi HC found that the impugned communication was not a speaking order, the first committee&#039;s order had not been communicated, and the petitioners were denied an effective opportunity before the review committee. Non-compliance with this mandatory sequence offended fair hearing requirements, so the wilful defaulter declaration and consequential reporting and publication actions were held unsustainable and set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=397083</link>
      <description>A wilful defaulter declaration affecting civil and commercial rights must follow the RBI Master Circular procedure: the first committee must issue notice, consider the borrower&#039;s response, record a reasoned decision, and communicate that decision before a separate review committee considers any further representation. The Delhi HC found that the impugned communication was not a speaking order, the first committee&#039;s order had not been communicated, and the petitioners were denied an effective opportunity before the review committee. Non-compliance with this mandatory sequence offended fair hearing requirements, so the wilful defaulter declaration and consequential reporting and publication actions were held unsustainable and set aside.</description>
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