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M/s. Cyberabad Hitech Integrated Township Development Corporation Private Limited v. Bank of India

Court: High Court for State of Telangana

Bench: ABHINAND KUMAR SHAVILI

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2020-02-19. M/s. Cyberabad Hitech Integrated Township Development Corporation Private Limited v. Bank of...

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NOS: 16s59 & 20906 OF 2018 AND 12819 13483 13497 13498 13508 13517 & 13520 0F 2019 WP NO: 16559 OF 2018 Betwee n : 1. lt4/s. lndu Projects Ltd. , Rep. by its Chairman and Managing Director l. Syam Prasad Reddy, 1009, lndu Fortune Fields, 13th Phase, KPHB Colony, Hyderabad - 500072. 2. L Syam Prasad Reddy, S/o. late l. Venku Reddy, Aged about 57 years, O/o. lt4/s. lndu Projects, 1009, Indu Fortune Fields, 13th Phase, KPHB Colony, Hyderabad - 500072. 3. B. V. Bhaskar Reddy, S/o, B. Mar Reddy, Aged about 51 years, Villa No. 234, lndu Fortune Fields Orchid. , Villas KPHB Colony, Hyderabad - 500 072. 4. B. N/ar Reddy, S/o, Late B. Prakash Reddy, Aged about 79 years, Villa No. 234 lndu Fortune Fields Orchids Villas KPHB Colony, Hyderabad - 500 072. 5. Smt. l. Sundari, W/o. l.

Syam Prasad Reddy, Aged about 53 years, Plot No. 973/A, Nr. Chirec Public School, Road No. 49, Jubilee Hills Hyderabad - 500 033. 6. Smt. l. Shankaramma, W/o. l. Venku Reddy, Aged about 79 years, Plot No. 973/4, Nr. Chirec Public School, Road No. 49, Jubilee Hills Hyderabad - 500 033. 7. B. Ivlahender Reddy, S/o. Mr. Shou Reddy, Aged about 46 years Villa No. 188, lndu Fortune Fields Orchids Villas KPHB Colony, Hyderabad - 500 072, ... pETtTtoNERS AND 1. State Bank of lndia, Rep. by its Deputy General Manager, Stressed Assets lvlanagement Branch, Secunderabad, 5th Floor, Rear Block of HI/WSSB Compound, 6-2-915, Khairatapad, Hyderabad - 500004. 2. Wilful Defaulter ldentification Committee, Rep. by its Chairman, State Bank of lndia, Corporate Office, State Bank Bhavan Corporate Center, 16th Floor, Madam Cama Road, lt/umbai - 40O 021 . 3. Wilful Defaulter Review Committee, Rep. by its Chairman, State Bank of lndia, Corporate Office. State Bank Bhavan Corporate Center.

16th Floor, Madam Cama Road, Mumbai - 4oo o21 ' ... REsPoNDENrs Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of ltrlandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the respondents in including the names of the petitioners in the list of Wilful Defaulters and forwarding the same to the Credit lnformation Companies (ClCs) basing on the decision of the 2nd and 3rd respondents actrng under the Master Circular of the Reserve Bank of lndia dated 01 . 07.

2015 as illegal, arbitrary, violative of natural justice and to set aside the same and to direct the respondents to act in accordance with law lA NO: 1 OF 2018 Petition under Section 'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st respondent to recall the list forwarded to the Credit lnformation Companies (ClCs) wherein ) '19. 04. 2018 the names of the petitioners have been included in pursuance to its letter dated in Nos. SAMB/SEC/CSS/73 to 78, pending disposal of the Writ Petition Counsel for the Petitioners: SRI VEDULA SRINIVAS Counsel for Respondent No. 1: SRI AMBADIPUDI SATYANARAYANA Counsel for Respondent Nos. 2 & 3: -- WP NO: 20906 OF 2018 Between: 1. Ir//s. lndu Projects Ltd, Rep. by its Chairman and Managing Director l. Syam Prasad Reddy, No. 1009, lndu Fortune Fields, 13th Phase, KPHB Colony, Hyderabad - 500072. 2. l. Syam Prasad Reddy, Sio. late l.

Venku Reddy, Aged about 57 years, O/o. M/s. Indu Projects, No. 1009, lndu Fortune Fields, 13th Phase, KPHB Colony, Hyderabad - 500072. 3. B. V. Bhaskar Reddy, S/o. B. Mar Reddy, Aged about 51 years, Villa No. 234 lndu Fortune Fields Orchids Villas KPHB Colony, Hyderabad - 5OO O72 4. B. Mar Reddy, S/o. Late B. Prakash Reddy Aged about 79 years, Villa No. 234 lndu Fortune Fields Orchids Villas KPHB Colony, Hyderabad - 500 072 5. Smt. l. Shankaramma, W/o. l. Venku Reddy, Aged about 79 years, Plot No. 973/A, Nr. Chirec Public School Road No. 49, Jubilee Hilis Hyderabad - 500 033. ... pE,,oNERs AND 1. Pun. iab National Bank, Large Corporate Branch, 8-2-672, Sufi Chambers, Road No. 1, Banjara Hills, Hyderabad - 500034. Rep. by its Deputy General Manager. 2. Wilful Defaulter ldentification Committee, Rep. by its Chairman, Punjab National Bank, Head Office. 7, Bhikaji Cama Place, New Delhi - 110607. 3. Wilful Defaulter Review Committee, Rep. by its Chairman, Punjab National Bank, Head Office.

7, Bhikaji Cama Place, New Delhi - 110607. ... RESpoNDENrs Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions '1st to declare the action of the respondent in including the names of the petitioners in the list of Wilful Defaulters and forwarding the same to the Credit lnformation Companies (ClCs) basing on the alleged decision of the 2nd and 3rd respondents acting under the N/aster Circular of the Reserve Bank of lndia dated 01 . 07.

2015 as illegal, arbitrary, violative of natural justice and to set aside the same and to direct the respondents to delete the names of the petrtioners from the list of willful defaulters lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st respondent to recall the list forwarded to the Credit lnformation Companies (ClCs) wherein the names of the petitioners have been included as willful defaulters, as shown in the website of the 1st petitioner, pending disposal of the Writ Petition Counsel for the Petitioners: SRI VEDULA SRINIVAS Counsel for Respondent No. 1:SRl K. RAGHAVENDRA RAO Counsel for Respondent Nos. 2 & 3: ---- . ) wP NO. 12819 0F 2019: Between: 1. l. Syam Prasad Reddy, S/o. late l. Venku Reddy, Aged about 57 years, R/o. Plot No. 973/A, Road No. 49, Jubilee Hills, Hyderabad - 500033. 2. L Sundari, W/o.

L Syam Prasad Reddy, Aged about 50 years, R/o, Plot No. 973/A, Road No. 49, Jubilee Hills, Hyderabad - 500033. 3. B. Mar Reddy, S/o. Late B. Prakash Reddy Aged about 79 years, Villa No. 234 lndu Fortune Fields Orchids Villas KPHB Colony, Hyderabad - 500 072. 4. B. V. Bhaskar Reddy, S/o. B. tt4ar Reddy, Aged about 51 years, Villa No. 234 lndu Fortune Fields Orchids Villas KPHB Colony, Hyderabad - 500 072. ... pErlrroNERs AND 1 Bank of lndia, Hyderabad Large Corporate Branch. 10-1-119912,1St Floor, PTI Building, A. C. Guards, firlasab Tank, Hyderabad - 500004, Rep. by its Deputy General Manager. 2 Wilful Defaulter ldentification Committee, Rep. by its Executive Director, Bank of lndia, Hyderabad Large Corporate Branch, 10-1-119912, 1g Floor, PTI Building, A. C. Guards, lVlasab Tank, Hyderabad - 500004. 3 Wilful Defaulter Review Committee, Bank of lndia, Hyderabad Large Corporate Branch, 10-1-119912,'1g Floor, PTI Building, A. C. Guards, Masab Tank, Hyderabad. - 5033R3..

*r, Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the Pt respondent in its proceedings in Ref. No. HLCB/ADV/NPA/2019-20/14 dated 01. 06. 2019 including the names of the petitioners in the list of willful defaulters basing on the alleged decision of the 2nd and 3rd respondents acting under the Master Circular of the Reserve Bank of lndia dated 01. 07.

2015 as illegal, arbitrary, violative of natural justice and to set aside the same and lo direct the respondents to delete the names of the petitioners from the list of willful defaulters lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of the '1st respondent in Ref. No. HLCB/ADV/NPA/2019-20114 dated 01. 06. 2019 whereby the petitioners have been declared as willful defaulters under the Master Circular of the RBI dated 01 . 07. 2015, pending disposal of the Writ Petition Counsel for the Petitioners: SRI VEDULA SRINIVAS Counsel for Respondent No. 1:SMT. V. DYUMANI Counsel for Respondent Nos. 2 & 3: ---- WP NO: 13483 OF 2019 Between: M/s. Cyberabad Hitech lntegrated Township Development Corporation Private Limited, Represented by its Director, l. Dayakar Reddy No.

1009, 13th Phase, lndu Fortune Fields KPHB Colony, Kukatpally, Hyderabad - 500 072. ... pE,,oNER AND 1 lnd ia,- Hyderabad Large Corporate Branch 10-1-1199/2, '1 st Floor, PTI Building, Qalk_of A. C. Guards, Masab Tank, Hyderabad - 500004, Rep. by its Deputy General lVlanager. -+ 2. Wilful Defaulter ldentification Committee, Rep. by its Executive Director, Bank of lndia, Hyderabad Large Corporate Branch 10-1-119912,lst Floor. PTI Building, A. C. Guards, Masab Tank, Hyderabad - 500004. 3. Wilful Defaulter Review Committee, Bank of lndia, Hyderabad Large Corporate Branch 10-1-119912,'1st Floor, PTI Building, A. C. Guards, Masab Tank, Hyderabad - 500004. .

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the 1st respondent in its proceedings in Ref. No. HLCB/ADV/NPA/20'19-20114 dated 0'1 . 06. 2019 including the name of the petitioner in the list of willful defaulters basing on the alleged decision of the 2nd and 3rd respondents acting under the lvlaster Circular of the Reserve Bank of lndia dated 01 . 07.

2015 as illegal, arbitrary, violative of natural justice and to set aside the same and to direct the respondents to delete the name of the petitioner from the list of willful defaulters lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of the"l st respondent in Ref. No. HLCB/ADV/NPA/2019-20114 dated 01. 06. 20'19 whereby the petitioner has been declared as willful defaulters under the Master Circular of the RBI dated 01 . 07. 2015, pending disposal of the Writ Petition Counsel for the Petitioners: SRI VEDULA SRINIVAS Counsel for Respondent No. 1: SMT. V. DYUMANI Counsel for Respondent Nos. 2 & 3: --- WP NO: 13497 OF 2019 Between: M/s. V K Projects Private Limited, Represented by its Director, l. Dayakar Reddy No. 100S, 13th Phase, lndu Fortune Fields KPHB Colony, Kukatpally, ,rO"ruOuO.

-raiflr93rri* AND '199/2, 1 Bank of lndia, Hyderabad Large Corporate Branch 10-1-'1 1st Floor, PTI Building, A. C. Guards, Masab Tank, Hyderabad - 500004, Rep. by its Deputy General [\,4anager. 2 Wilful Defaulter ldentification Committee, Rep. by its Executive Director, Bank of lndia, Hyderabad Large Corporate Branch 10-1-119912,lst Floor, PTI Building, A,C. Guards, Masab Tank, Hyderabad - 500004. 3 Wilful Defaulter Review Committee, Bank of lndia, Hyderabad Large Corporate Branch 10-1-119912. '15 Floor, PTI Building, A. C. Guards, lt/asab Tank, Hyderabad. - 5093flt. *r, Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions 'l to declare the action of the st respondent in its proceedings in Ref. No. HLCB/ADV/NPA/2019-20114 daled 01. 06.

2019 including the name of the petitioner in the list of willful defaulters basing on the alleged decision of the 2nd and 3rd respondents acting under the Master Circular of the Reserve Bank of lndia dated 01 . 07. 2015 as illegal, . \ arbitrary, violative of natural justice and to set aside the same and to direct the respondents to delete the name of the petitioner from the list of willful defaulters lA NO: 1 OF 2019 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of the 1st respondent in Ref. No. HLCB/ADV/NPA/2019-20114 dated 01. 06. 2019 whereby the petitioner has been declared as willful defaulters under the Master Circular of the RBI dated 01 . 07. 2015, pending disposal of the Writ Petition, pending disposal of the Writ Petition Counsel for the Petitioners: SRI VEDULA SRINIVAS Counsel for Respondent No. 1: SMT. V.

DYUMANI Counsel for Respondent Nos. 2 & 3: --- WP NO: 13498 OF 2019 Between: M/s Sindhura Properties Private Limited, Represented by its Director, l. Dayakar Redd v No. 1009, 1 3th Phase, lndu Fortune Fields KPHB Colony, Kukatpally, Hyderabad - 500 072 ... PETITIONER AND I Bank of lndia, Hyderabad Large Corporate Branch 10-1-1199/2,1 Floor, PTI Building, A. C. Guards, lt4asab Tank, Hyderabad - 500004, Rep. by its Deputy General Manager. 2 Wilful Defaulter ldentification Committee, Rep. by its Executive Director, Bank of lndia, Hyderabad Large Corporate Branch 10-1-115912,1st Floor, PTI Building, A. C. Guards, Masab Tank, Hyderabad - 500004. 3 Wilful Defaulter Review Committee, Bank of lndia, Hyderabad Large Corporate Branch 10-1-119912, 1st Floor, PTI Building, A. C. Guards, Masab Tank, Hyderabad - 500004.

RESPONDENTS Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the 1st respondent in its proceedings in Ref. No.

HLCB/ADV/NPA/2019-20114 daled 0110612019 including the name of the petitioner in the lisl of willful defaulters basing on the alleged decision of the 2nd and 3rd respondents acting under the Master Circular of the Reserve Bank of lndia dated 011O712015 as illegal, arbitrary, violative of natural justice and to set aside the same and to direct the respondents to delete the name of the petitioner from the list of willful defaulters lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of the '1 st respondent in Ref. No. HLCB/ADV/NPA/2019-20114 dated 01/06/2019 whereby the petitioner has been declared as willful defaulters under the lt4aster Circular of the RBI daled 011O7120'1 5, pending disposal of the Writ Petition, Counsel for the Petitioners: SRI VEDULA SRINIVAS Counsel for Respondent No. 1: SMT. V. DYUMANI Counsel for Respondent Nos.

2 & 3: ---- WP NO: 13508 OF 2019 Between: Mis. Astitva Realtors Private Limited, Represented by its Director, L Dayakar Reddy No. 1009, 13th Phase, lndu Fortune Fields KPHB Colony, Kukatpally, nrd"r"bud. _Jplr93r*i* AND 1 Bank of lndia, Hyderabad Large Corporate Branch. 10-1-119912,1st Floor, PTI Building, A. C. Guards, lt4asab Tank, Hyderabad - 500004, Rep. by its Deputy General l\,4anag er 2 Wilful Defaulter ldentification Committee, Rep. by rts Executive Director, Bank of lnd ia, Hyderabad Large Corporate Branch. 10-1-1199/2, 1st Floor,PTl Building, A. C. Guards, lt/lasab Tank, Hyderabad - 500004. 3. Wilful Defaulter Review Committee, Bank of lndia,Hyderabad Large Corporate Branch. 1O-1-119912,1st Floor, PTI Building, A. C. Guards, ltzlasab Tank, Hyderabad - 500004. ...

RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the 1st respondent in its proceedings in Ref. No. HLCB/ADV/NPA/2019-20114 daied 01. 06. 2019 including the name of the petitioner in the list of willful defautters basing on the alleged decision of the 2nd and 3rd respondents acting under the Master Circular of the Reserve Bank of lndia dated 01 . 07.

2O15 as illegal, arbitrary, violative of natural justice and to set aside the same and to direct the respondents to delete the name of the petitioner from the list of willful defaulters lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of the 1st respondent in Ref. No. HLCB/ADV/NPA/2019-20114 dated 01. 06. 2019 whereby the petitioner has been declared as willful defaulters under the Master Circular of the RBI dated 01 . 07. 2015, pending disposal of the Writ Petition, pending disposal of the Writ Petition Counsel for the Petitioners: SRI VEDULA SRINIVAS Counsel for Respondent No. 1: SMT. V. DYUMANI Counsel for Respondent Nos. 2 & 3: --- WP NO: 13517 OF 2019 Between: M/s. Sundari Theme Ventures Private Limited, Represented by its Director, l. Dayakar Reddy, No.

1009, 131h Phase, lndu Fortune Fields, KPHB Colony, Kukatpally, Hyderabad - 5oo 072 ... PEr.. NER AND 1. BankOflndia,HyderabadLargeCorporateBranch. l0-1-119912,lstFloor,PTl Building, A. C. Guards, Masab Tank, Hyderabad - 500004, Rep. by its Deputy General Manager. 2 Wilful Defaulter ldentification Committee, Rep. by its Executive Director, Bank of lndia, Hyderabad Large Corporate Branch. 1O-1-119512, 15t Floor, PTI Building, A. C. Guards, lt/asab Tank, Hyderabad - 500004. 3 Wilful Defaulter-Review Committee, Bank of lndia, Hyderabad Large Corporate Branch. 10-1-119912,|st Floor, PTI Buildins, A. C. Guards, It/asab Tank, ,UO"trOrl.. -*P333Rt. *. , Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the action of the 1tt respondent in its proceedings in Ref. No.

HLCB/ADV/NPA/2019-20114 daled 0110612019 including the name of the petitioner in the list of willful defaulters basing on the alleged decision of the 2nd and 3rd respondents acting under the lvlaster Circular of the Reserve Bank of lndia dated 0110712015 as illegal, arbitrary, violative of natural justice and to set aside the same and to direct the respondents to delete the name of the petitioner from the list of willful defaulters lA NO: 1 OF 2019 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of the 1st respondent in Ref. No. HLCB/ADV/NPA/2019-20114 dated 01/06/2019 whereby the petitioner has been declared as willful defaulters under the l/aster Circular of the RBI dated 011071201 5, pending disposal of the Writ Petition, pending disposal of the Writ Petition Counsel for the Petitioners: SRI VEDULA SRINIVAS Counsel for Respondent No. 1: SMT. V.

DYUMANI Counsel for Respondent Nos. 2 & 3: --- WP NO: 13520 OF 2019 Between: tvl/s. Lepakshi Knowledge Hub Private Limited, Represented by its Director, l. Karunakar Reddy Sy. No. 35l2,3511 Part, 1st Cross, Ananthapura, Singanayakaha lli Post, Yelahanka, Bengaluru - 560064, Karnataka State. ... pETtloNER AND '1 1 Bank of lndia, Hyderabad Large Corporate Branch 1 0-1-1 199/2, st Floor, PTI Building, A,C, Guards, lvlasab Tank, Hyderabad - 500004, Rep. by its Deputy General lvlanager. Wilful Defaulter ldentification Committee,, Rep. by its Executive Director, Bank of lndia, Hyderabad Large Corporate Branch 10-1-119912,1st Floor, PTI Building, A. C. Guards, Masab Tank, Hyderabad - 500004. 3 Wilful Defaulter Review Committee,, Bank of lndia, Hyderabad Large Corporate Branch 10-1-119912, 1St Floor, PTI Building, A. C. Guards, Masab Tank, nrd"rubll^;Ur?

31ft*r, Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, direction or Directions to declare the action of the 1st respondent in its proceedings in Ref. No. HLCB/ADV/NPA/2019-20114 daled 01 . 06. 2019 including the name of the petitioner in the list of willful defaulters basing on the alleged decision of the 2nd and 3rd respondenls acting under the Master Circular of the Reserve Bank of lndia dated 01 . 07.

2O15 as illegal, arbitrary, vrolative of natural justice and to set aside the same and to direct the respondents to delete the name of the petitioner from the list of willful defaulters lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of the 1st respondent in Ref. No. HLCB/ADV/NPA/2019-20114 dated 01. 06. 2019 whereby the petitioner has been declared as willful defaulters under the [t4aster Circular of the RBI dated 01 . 07. 2015, pending disposal of the Writ Petition Counsel for the Petitioners: SRI VEDULA SRINIVAS Counsel for Respondent No. 1: SMT. V. DYUMANI Counsel for Respondent Nos. 2 & 3: ---- The Court made the following: COMMON ORDER HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W. P. Nos. 16559. 2O9O6 of2Ol8 & 12819. 13483. 13497. 13498. 135O8. 13517.

13520 of2019 COMMON ORDER: Since the issue involved in all these writ petitions is one and the same, ail are heard together and disposed of by this common order. In all these vgrit petitions, the petitioners, who are the Directors of the Companies, as well as the Companies have obtained loans from various banks and the banks have declared them as wilful defaulters which is contrarJz to the Master Circular issued by the Reserve Bank of India (RBI) dated 01. 07. 2015. Challenging the same, the present writ petitions are filed. Learned counsel for the petitioners contends that a procedure has been prescribed by RBI by way of Master Circular dated 01 . 07. 2015 and the respondents without following the same have declared the petitioners as wilful defaulters. He further contends that similar issue was considered by the Hon'ble Supreme Court in State Bank of Indla us. M/sJah Developers Put.

Ltdl and held that the wilful defaulters would be identified by the Wilful Defauiters Identifying Committee and later the case would be dealt by the Wilful Defaulters Review Committee who inturn must give opportunity to the affected persons and thereafter declare the individuals as wiiful defaulters. But the respondents without (zo ts) o scc rtz ' following the law laid down by the Hon'ble Supreme Court in M/ s. Jah Developers Pvt. Ltd. , referred supra declared the petitioners as wilful defaulters. Therefore, he contends that impugned orders in all these writ petitions be set aside and let the respondents strictly follow the Master Circular dated 01. 07. 2015 issued by RBI and also the law laid down by the Hon'ble Supreme Court in the judgment stated supra and pass appropriate orders. Learned Standing counsel appearing for the respondents contends that the cases of he petitioners would be considered in terms of the Master Circular dated O1. 07.

2015 issued by RBI and also in terms of the judgement rendered by the Hon'ble Supreme Court stated supra and appropriate orders would be passed in accordance with law. This Court, having considered rival submissions of the learned counsel appearing for respective parties, is of the considered view that all these writ petitions are liable to be allowed and impugned orders whereby the petitioners were declared as wilful defaulters are liable to be set aside and accordingly they are set aside, as the petitioners are declared as wilful defaulters without following the Master Circular dated O1. 07. 2015 and also without following the judgment rendered by the Hon'ble Supreme Court stated supra. The respondents are directed to strictly follow the Master Circular dated 01. 07. 2015 issued by RBI and also law laid down by the Hon'ble Supreme Court in the judgment stated supra and initiate fresh proceedings against the petitioners in accordance with law.

Accordingly, ali these writ petitions are allowed. No costs. Miscellaneous petitions, if any pending in these matters shall stand disposed of. That Rule Nisi has been made absolute as above. Witness the Hon'ble The Acting Chief Justice Sri Raghvendra Singh Chauhan, on this Wednesday, the Nineteenth day of February, Two Thousand and Twenty. Sd/. B. SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY' SECTION OFFICER To, he Deputy General lVlanager, Bank of lndia, Hyderabad Large Corporate Branch. 10-1- 1 199/2, 1St Floor, PTI Building, A. C. Guards, [tr]asab Tank, Hyderabad 500004. - 2 The Executive Director, Wilful Defaulter ldentification Committee, Bank of lndia, Hyderabad Large Corporate Branch, 10-1-119912, 1g Floor, PTI Buitding, A. C. Guards, Masab Tank, Hyderabad - 500004. 3. The Wilful Defaulter Review Committee, Bank of lndia, Hyderabad Large Corporate Branch, 10-1-119912,1g Floor, PTI Building, A. C. Guards, Masab Tank, Hyderabad - 500004. 4.

The Deputy General Manager, State Bank of lndia, Stressed Assets Management Branch, Secunderabad, 5th Floor, Rear Block of HMWSSB Compound, 6-2-9'15, Khairatapad, Hyderabad - 500004. 5. The Chairman, Wilful Defaulter ldentification Committee, State Bank of lndia, Corporate Office, State Bank Bhavan Corporate Center, 16th Floor, Madam Cama Road, Mumbai - 400 021. 6. The Chairman, Wilful Defaulter Review Committee, State Bank of lndia, Corporate Office State Bank Bhavan Corporate Center. 16th Floor, Madam Cama Road, Mumbai - 400 021. 7. The Deputy General Manager, Punjab National Bank, Large Corporate Branch, 8-2-672, Sufi Chambers, Road No. 'l , Banjara Hills, Hyderabad 500034. - 8 The Chairman, Wilful Defaulter ldentification Committee, Punjab National Bank, Head Office. 7, Bhikaji Cama Place, New Delhi - 1'10607. o The Chairman, Wilful Defaulter Review Committee, Punjab National Bank, Head Office.

7, Bhikaji Cama Place, New Delhi 1 10607 - 10 One CC to Sri Vedula Srinivas, Advocate (OPUC) 11 One CC to Smt. V. Dyumani, Advocate (OPUC) 12 One CC to Sri Ambadipudi Satyanarayana, Advocate (OPUC) IJ One CC to Sri K. Raghavendra Rao, Advocate (OPUC) 14 Two CD Copies MBC l0 HIGH COURT AKS,J DATED: 1910212020 ( lEL44 o i. ? s 4t * r n F .. L u p r) =$ "? )' . f COMMON ORDER WRIT PETITION NOS: 12819,'13520,16559, 20906, 13483, 13497,13498 0F 2019 AND 13508 & 13517 0F 2018 ALLOWING THE WRIT PETITION AT THE S GE OF ADMISSION, WITHOUT COSTS \ I

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