Bombay High Court
Sunil Ratnakar Gutte And Others vs Uco Bank, Thr. Authorised Person, ... on 19 October, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.6579/2022
Sunil Ratnakar Gutte and others
-Vs.-
UCO Bank, through its authorized person having its head office at Sarani,
Kolkata and another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. Devendra V. Chauhan, Advocate for the petitioners.
CORAM : SUNIL B. SHUKRE
AND ANIL L. PANSARE, JJ.
DATE : 19.10.2022 Heard Mr. Chauhan, learned counsel for the petitioners. The submission is that no opportunity of hearing was granted to the petitioners by the Identification Committee, that the order of the Identification Committee was never supplied to the petitioners, that the order of the Review Committee was furnished to the petitioners after a period of about one year from the date of passing of the order and that no reasons as contemplated in law for declaring the petitioners as "willful defaulters" are stated in the impugned order passed by the Review Committee. It is further submitted that the entire action taken by the respondent bank is in breach of the settled principles of law wp6579.2022.odt 2/2 laid down in various cases including the cases (1) Gunwant S/o Sudamrao Deopare and another V/s. Branch Manager, Bank of Maharashtra, Amravati and others reported in 2022(1) Mh.L.J. 306, (2) Kailash Shahra V/s. IDBI Bank Limited reported in 2019 SCC Online Bom 3279, (3) Manish V/s. General Manager, Central Bank of India and another reported in 2022 SCC OnLine Bom 933 and (4) Writ Petition No.4945/2021 (Miltech Industries Pvt. Ltd. and others V/s. State Bank of India and others), which have followed the principles of law laid down in the case of State Bank of India V/s. Jah Developers Private Limited and others reported in (2019) 6 SCC 787.
2. Issue notice for final disposal at admission stage to the respondents.
3. Considering the submissions made across the Bar, there shall be interim relief in terms of prayer clauses
(d) and (e), until further orders.
4. Stand over to six weeks.
(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE J.) Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Tambaskar.
Date:19.10.2022 17:39