Delhi High Court - Orders
Sanjay Singal & Ors vs State Bank Of India on 25 June, 2021
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
via Video-conferencing
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6023/2021
SANJAY SINGAL & ORS. ..... Petitioners
Through: Mr. Sandeep Sethi, Senior Advocate
with Mr. Rishi Agrawala, Ms. Niyati
Kohli and Ms. Aarushi Tiku,
Advocates.
versus
STATE BANK OF INDIA ..... Respondent
Through: Mr. Sanjeev Sagar, Advocate with
Ms. Nazia Parveen, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 25.06.2021 C.M. Nos.19049-50/2021 (exemption) Exemptions are granted, subject to just exceptions; and subject to the petitioner filing certified/typed/legible copies of annexures and attested affidavits within 07 days of resumption of physical functioning of the court.
Applications stand disposed of.
W.P.(C) No. 6023/2021 and C.M. No.19048/2021 (ex-parte ad-interim directions) The petitioners impugn notice dated 04.06.2021 issued by the respondent whereby, in connection with proceedings for declaring the petitioners as 'wilful defaulters', they have been offered an opportunity for personal hearing on 02.07.2021.
Signature Not Verified Signed By:SUNITA RAWAT Location: Signing Date:26.06.2021 20:04:42 W.P. (C) 6023/2021 Page 1 of 32. Mr. Sandeep Sethi, learned senior counsel appearing on behalf of the petitioners submits, that despite multiple orders made by the earlier Benches of this court in related proceedings, the respondent-bank has till-date not furnished to the petitioners certain documents referred to in the show cause notices issued to them. Absent that, Mr. Sethi submits, it is not possible for the petitioners to represent against being declared 'wilful defaulters'. Mr. Sethi submits that this process has been going on since June 2019, and there has been repeated back-and- forth in relation to the documents that have not been supplied by the respondent-bank.
3. Since this preliminary matter raised on behalf of the petitioners appears to be holding-up all further proceedings against the them, Mr. Sanjeev Sagar, learned counsel who has entered appearance on behalf of the respondent-bank on advance copy, submits that if the petitioners inform the respondent in writing as to which documents mentioned in the show cause notices have not been supplied to them, the respondent-bank would furnish all such documents within a stipulated time frame; and in the meantime, the date for personal hearing before the Wilful Defaulters Identification Committee would be deferred by the respondent-bank.
4. Mr. Sethi states that this course of action would be agreeable to the petitioners.
5. Accordingly, the petitioners are directed to furnish to the respondent-
bank, through their counsel Mr. Sagar, a list of documents mentioned in the show cause notices issued to them which they want the respondent-bank to provide them, within 03 days from today;
Signature Not Verified Signed By:SUNITA RAWAT Location: Signing Date:26.06.2021 20:04:42 W.P. (C) 6023/2021 Page 2 of 3consequent whereupon the respondent-bank will provide to each of the petitioners, again through their counsel, copies of all documents so requested within 07 days thereafter.
6. It is made clear that the list of documents given by the petitioners must be specific, indicating the date, subject and other particulars that would identify the exact document/s requested.
7. In the meantime, Mr. Sagar submits on instructions, that the date of personal hearing before the Wilful Defaulters Identification Committee shall stand deferred to 09.07.2021.
8. Accordingly, without issuing notice in the present petition, let the aforesaid directions be complied with by both sides.
9. For compliance of the foregoing, list before Roster Bench on 06th July 2021.
ANUP JAIRAM BHAMBHANI (VACATION JUDGE) JUNE 25, 2021 Ne Signature Not Verified Signed By:SUNITA RAWAT Location: Signing Date:26.06.2021 20:04:42 W.P. (C) 6023/2021 Page 3 of 3