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    <title>2013 (8) TMI 1163 - CALCUTTA HIGH COURT</title>
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    <description>A bank cannot proceed to classify a borrower as a willful defaulter on a bare preliminary view without recording reasons, supporting material, and compliance with the RBI Master Circular procedure. The prescribed scheme requires a tentative decision by the committee headed by the executive director, communication of the proposal and reasons to the borrower, an opportunity to make a representation, and a final decision by the grievance redressal committee headed by the chairman and managing director. These safeguards are intended to ensure fairness and natural justice before a borrower is branded a willful defaulter. Notices issued without following this process were unsustainable and were set aside, leaving the bank free to restart proceedings in accordance with the Circular.</description>
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