Shilpi Communication Pvt. Ltd. v. Idbi Bank Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CI 13649/2018 and CM Nos. 53205/2018 & 53206/2018 MVMIMPEX PRIVATE LIMITED Petitioner Through: Mr Yogesh Kotle, Advocate, versus IDBI BANK LIMITED Respondent Through: Mr Sidhartha Barua and Mr Aditya Gupta, Advocates.

AND + W.P.(CI 13655/2018 and CM Nos. 53216/2018 & 53217/2018 SfflLPI COMMUNICATION PVT. LTD.

Petitioner Through: Mr Yogesh Kotle, Advocate, versus IDBI BANK LIMITED Respondent Through: Mr Sidhartha Barua and Mr Aditya Gupta, Advocates.

CORAM:

HON'BLE MR.

JUSTICE VIBHU BAKHRU

ORDER

% 19.12.2018 1.

The petitioners have filed the present petitions impugning communications dated 06.08.2018 and 11.10.2018 issued by the respondent bank.

2.

By the communication dated 06.08.2018, the respondent bank has communicated its decision to declare the petitioners as wilful defaulters in accordance with the RBI Circular. The petitioners alleged that they had no opportunity to meet the allegations against them. It is also submitted that no hearing was afforded to the petitioners.

3.

The learned counsel appearing for the petitioners also earnestly By:AMULYA

contended that the documents relied upon by the respondent bank to hold the petitioners as wilful defaulters were also not furnished to the petitioners. 4.

The aforesaid contentions are unpersuasive. The petitioners were issued a show cause notice dated 15.01.2018 and called upon to show cause why they should not be declared as wilful defaulters. A copy of the show cause notice has been placed on record. Admittedly, the petitioners did not file any response to the said show cause notice. The petitioners also did not request for the documents relied upon by the respondent bank. 5.

By a letter dated 10.04.2018, the respondent bank also afforded the petitioners opportunity of personal hearing. This opportunity was also not availed of by the petitioners.

6.

In view of the above, this Court finds no reason to interfere with the orders passed by the respondent bank.

7.

The petitions are, accordingly, dismissed. All pending applications are also disposed of.

VIBHUBAKHRU, J DECEMBER 19,2018 RK