https://www.taxtmi.com/caselaws?id=300533 In wilful defaulter proceedings, disclosure of the materials actually relied upon, a meaningful opportunity to submit a written representation, and recorded reasons by the original decision-maker were treated as sufficient where no prejudice was shown. The Court found no vitiation from non-supply of documents because only the borrowers' balance sheets were relied upon, and it held that a personal hearing was not mandatory under the governing circular. It further held that a confirming authority need not repeat detailed reasons, and that writ jurisdiction cannot be used to reappreciate the bank's factual findings or to extend Section 32A protection on the facts noted. The wilful defaulter declaration was upheld. en-us Mon, 26 Jul 2021 00:00:00 +0530 Wed, 09 Feb 2022 05:42:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300533 In wilful defaulter proceedings, disclosure of the materials actually relied upon, a meaningful opportunity to submit a written representation, and recorded reasons by the original decision-maker were treated as sufficient where no prejudice was shown. The Court found no vitiation from non-supply of documents because only the borrowers' balance sheets were relied upon, and it held that a personal hearing was not mandatory under the governing circular. It further held that a confirming authority need not repeat detailed reasons, and that writ jurisdiction cannot be used to reappreciate the bank's factual findings or to extend Section 32A protection on the facts noted. The wilful defaulter declaration was upheld. Case-Laws Companies Law Mon, 26 Jul 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300533