Mr Subhash Dabas v. Axis Bank Limited & ANR.
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17977/2025 & CM APPL. 74353/2025, CM APPL. 74354/2025 MR SUBHASH DABAS .....Petitioner Through:
Appearance not given.
versus AXIS BANK LIMITED & ANR.
.....Respondents Through:
Mr. Anupam Singh, Adv. for R-1 Ms. Ms. Tanya Chowdhary, Ms. Manisha Singh, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 13.02.2026 1.
This is a petition filed under Articles 226 and 227 of the Constitution of India seeking the following prayers:- "a. Issue an appropriate writ, order, or direction in the nature of certiorari, calling for the entire original record from Respondent No. 1 pertaining to the Petitioner's loan account, including the purported show-cause notice, the alleged order of the Wilful Defaulter Identification Committee, and any decision of the Review Committee, if any, whereby the Petitioners and M/s Tirupati Construction Company were purportedly declared as "wilful defaulters"-none of which were ever served upon or made known to the Petitioners;
b. Issue a writ, order, or direction in the nature of certiorari or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
any other appropriate prerogative writ thereby quashing and setting aside ab initio the purported show-cause notice, the alleged order of the Wilful Defaulter Identification Committee, and the decision, if any, of the Review Committee issued by Respondent No. 1 purportedly under the RBI Master Circular on Wilful Defaulters dated 01.07.2015, being ex facie illegal, arbitrary, non est in law, and violative of the binding principles of natural justice, Articles 14 and 19(1)(g) of the Constitution of India, as well as the authoritative pronouncement of the Hon'ble Supreme Court in State Bank of India v. Jah Developers Pvt. Ltd., (2019) 6 SCC 787;
c. Issue a writ, order, or direction in the nature of mandamus, commanding Respondent Nos. 1 and 2 to recall ab initio the purported show-cause notice (if any) and the impugned decisions of the Identification Committee and Review Committee (if any), relating to the illegal and void declaration of the Petitioners as "wilful defaulters," and to restore the Petitioners' record, status, and reputation to the position that existed prior to such unlawful classification; d. Direct Respondent No. 1 to produce on affidavit the complete and original record of all proceedings under the impugned Master Circular, including internal notings, communications, minutes, and documents forming the basis of the classification, together with proof of service thereof, if any, upon the Petitioners;
e. Issue a writ, order, or direction in the nature of mandamus, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
directing Respondent No. 1 to forthwith and with retrospective effect (ab initio) delete and remove the names of the Petitioners and M/s Tirupati Construction Company from all lists or databases of "wilful defaulters" maintained by Respondent No. 2 - the Reserve Bank of India, or by any Credit Information Company, financial institution, or other regulatory authority; f. Issue a writ, order, or direction in the nature of mandamus, directing Respondent No. 1 to permanently delete the names and/or photographs of the Petitioners from all publications, websites, portals, and other public domains portraying them as "wilful defaulters," and to publish corrective statements and clarifications withdrawing such defamatory material and restoring the Petitioners'
commercial and professional reputation;
g. Issue a writ, order, or direction declaring that the Master Circular bearing reference RBI/2014-15/73 DBR.No.CID.BC.57/20.16.003/2014-15 dated 01.07.2014, as updated on 01.07.2015, is ultra vires the Constitution of India insofar as it enables unilateral classification of individuals or entities as "wilful defaulters" by banks without the safeguard of an independent adjudicatory mechanism or judicial oversight, being violative of Articles 14 and 19(1)(g) of the Constitution of India;
h. Issue a writ, order, or direction declaring that the one-year "cooling period" stipulated under the RBI Master Direction on Treatment of Wilful Defaulters and Large Defaulters dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
30.07.2024 is inapplicable to the Petitioners, inasmuch as the alleged classification was void ab initio, never lawfully made or communicated, and stands extinguished upon full settlement of dues and issuance of a No-Dues Certificate by Respondent No.1;
i. Pending the hearing and final disposal of this Petition, be pleased to:
i. Direct Respondent No. 1 to produce before this Hon'ble Court the complete record of proceedings relating to the alleged wilful defaulter classification, including the show-cause notice (if any), the minutes and orders of the Identification and Review Committees, and proof of dispatch/service, with particulars of addresses used; and ii. Restrain all financial institutions, banks, and credit information agencies from taking any adverse or coercive action against the Petitioners, including but not limited to recall of existing credit facilities, enforcement of penal clauses, or restriction on directorships, solely on the basis of the impugned and illegal classification;..."
2.
Mr. Singh, learned counsel appears on behalf of the respondent No. 1 and states that the Credit Information Bureau India Limited has made the necessary rectifications and the tag of "willful defaulter" qua the petitioner is in the process of being removed within 2 days from today. 3.
Taking his statement on record and binding the respondent No. 1 to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
same, the petition has become infructuous and is disposed of. 4.
In case the same is not done, the petitioner is at liberty to revive the present petition.
5.
The petition is disposed of in the aforesaid terms. JASMEET SINGH, J FEBRUARY 13, 2026/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.