Vatsavai Subbaraju Kamala Educational Society, v. Central Bank Of India,

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Writ Petition No.21570 of 2016 ORDER: (per Hon'ble the Acting Chief Justice Sri Ramesh Ranganathan) The relief sought for in this Writ Petition is to declare the action of the respondent-Bank in not deleting the name of the petitionerSociety, from the list of wilful defaulters in its website, as illegal and arbitrary.

The case of the petitioner-Society is that they had questioned the e-auction notice issued by the respondent-Bank on 17.02.2014 by way of W.P.No.8594 of 2014; this Court had, by its order dated 24.03.2014, directed that, on deposit of Rs.30.00 Lakhs, the auction shall be stayed; thereafter the petitioner-Society had cleared the entire dues; a certificate was also issued on 18.02.2016 that the loan Account No.3037020911 had been closed on 29.01.2016; this showed that the entire amount due has been paid; and yet the petitioner's name continues to be shown in the list of wilful defaulters in the website of the respondent-Bank.

Sri P.A.V.Bala Prasad, Learned Standing Counsel for the respondent-Bank, would submit that the respondent-Bank would verify the petitioner's claim; and, if all the dues payable to the respondent-Bank have been paid, the respondent-Bank would delete the petitioner's name from the list of wilful defaulters in its website; and if some amounts are still due from the petitioner-Society to the respondent-Bank, they will intimate the same to the petitionerSociety. In view of the submission of Sri P.A.V.Bala Prasad, Learned Standing Counsel for the respondent-Bank, the Writ Petition is disposed of directing the respondent-Bank to verify whether all the

dues payable by the petitioner-Society have been paid; and if it has been so paid, to then consider deleting the name of the petitionerSociety in the list of wilful defaulters in the website of the respondent-Bank at the earliest, and in any event within six weeks from today. If the petitioner-Society is still due any amount, the respondent-Bank shall intimate the same to the petitioner-Society within the aforesaid period.

The miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs. ________________________________ RAMESH RANGANATHAN, ACJ ____________________________ Dr.SHAMEEM AKTHER, J Date:20.04.2017.

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