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Bombay High Court

Ratnakar Manikrao Gutte vs Reserve Bank Of India, Nagpur Thr. Its ... on 22 December, 2021

Bench: A.S. Chandurkar, G. A. Sanap

                                                                                1                                    27-WP-5481-21

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     NAGPUR BENCH AT NAGPUR

                                            WRIT PETITION NO.5481 OF 2021

                                          RATNAKAR MANIKRAO GUTTE
                                                  VERSUS
                                      RESERVE BANK OF INDIA AND ANOTHER
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Office Notes, Office Memoranda of Coram,                                                    Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                              Shri S. V. Bhutada, Advocate for petitioner.

                              CORAM : A.S. CHANDURKAR AND G. A. SANAP, JJ.

DATE : 22/12/2021 The learned counsel for the petitioner submits that the communication dated 26/11/2021 declaring the petitioner as a 'wilful defaulter' has been issued without complying with the mechanism for identification of 'wilful defaulter' as laid down by the Master Circular dated 01/07/2015. Attention is invited to the averments in paragraph 7 of the writ petition.

Issue notice to the respondent No.2 for final disposal of the writ petition, returnable on 12/01/2022.

Since we find that a prima facie case is made out in view of averments in paragraph 7 of the writ petition, it is directed that until further orders no further action be taken against the petitioner pursuant to the impugned communication.





                              (G. A. SANAP, J.)                                                            (A.S. CHANDURKAR, J.)
Choulwar
                                 VITHAL            Digitally signed by VITHAL
                                                   MAROTRAO CHOULWAR
                                 MAROTRAO          Date: 2021.12.23 11:12:39
                                 CHOULWAR          +0530