2022 (9) TMI 1633

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....after, "Respondent Bank"], confirms that Petitioner has been declared as 'wilful defaulter' by the Identification Committee vide order dated 19th August, 2022, intimated to the Petitioner vide communication dated 05th September, 2022. Receipt of the order has been confirmed by Ms. Maneesha Dhir, counsel for Petitioner. 2. Ms. Dhir submits that Respondent Bank has unfairly delayed intimation of order of Identification Committee. Written submissions were filed as early as 4th September, 2021, and it took them nearly one year to take a decision thereon. Nonetheless, Petitioner would now avail the remedy of approaching Review Committee, in terms of the Master Circular on Wilful Defaulters dated 01st July, 2015 issued by Reserve Bank of India....

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....ct of Respondent No. 1 unlawfully reporting the name of Petitioner to the Respondent No. 2 and publishing the same in the list of 'Suit filed accounts - Wilful Defaulters Rs. l Crore and above as on 31-Mar-2022' uploaded on the official website of Respondent No. 2, in any manner whatsoever; and d. Pass such other orders as may be deemed fair and equitable in the facts of the case and in the interests of justice.'' 5. It is noticed that in prayers 'a' and 'c', the list has been described as 'Suit filed accounts - Wilful Defaulters Rs. 1 Crore and above as on 31-Mar 2022', however, on a perusal of Annexure P-1, the phrase 'wilful defaulter' is not found. Instead, list refers to 'Suit Filed Accounts....

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....on from directorship of MBIL is not a disputed fact. Petitioner was not a party to the proceedings before DRT is also uncontroverted. Thus, there is an error in the afore-noted list published on Respondent No. 2's website. Accordingly, Respondent Bank is directed to send an intimation to Respondent No. 2 for updating the said list by deleting the name of Petitioner from the list of directors/ suit filed accounts defaulters within a period of two weeks from today. Respondent No. 2 shall then update the list forthwith. 9. With respect to order dated 19th August, 2022, the Court has not expressed any opinion thereon, and all rights and contentions of the parties are left open. 10. Considering the aforenoted circumstances, ....