M/S.Sri Devi Oil Pvt Ltd v. Reserve Bank Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.2876, 2880, 2884 & 2891 of 2019 and W.M.P.Nos.3131, 3132, 3136, 3137, 3143, 3146, 3152 & 3155 of 2019 Sri Devi Oil Private Limited, Rep. by its Director, S.F.No.279/6&7 Villpalayam, Paramathi Velur, Namakkal District - 637 206.
V.Dhandayuthapani 3.
V.Janarthana Guptha 4.
D.Geetharani 5.
C.Ananth
...Petitioners in W.P.No.2876 of 2019
M/s.Prithiyangara Imports (Namakkal) Pvt. Ltd. Rep. By its Director, 171, Cooperative Colony, Mohanur Road, Namakkal-637 001.
V.Dhandayuthapani 3.
V.Janarthana Guptha 4.
D.Geetharani 5.
C.Ananth 6.
J.Geetha
...Petitioners in W.P.No.2880 of 2019
M/s. Sri Devi Extractions Pvt. Ltd., Rep. By its Director, 50-A, Salem Road, Namakkal-637 001.
V.Dhandayuthapani 3.
V.Janarthana Guptha 4.
D.Geetharani 5.
C.Ananth
...Petitioners in W.P.No.2884 of 2019
M/s. Global Trading Implex (India) Pvt Ltd., Rep. By its Director, No.5, 1st Floor, 50-A, Salem Road, Namakkal-637 001.
V.Dhandayuthapani 3.
V.Janarthana Guptha 4.
D.Geetharani
...Petitioners in W.P.No.2891 of 2019
Vs.
Reserve Bank of India, RBI Main Building, Fort, Mumbai - 400 001.
State Bank of India, Rep. by its Deputy General Manager, Stressed Assets Management Branch, "Red Cross Building"
32, Red Cross Road, Egmore, Chennai - 8.
...Respondents in all W.Ps
COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the 2nd respondent in impugned order dated 22.05.2018 bearing Ref.No.SAMB / CLO I/ 347B, Ref.No.SAMB / CLO I/ 350A, Ref.No.SAMB / CLO I/ 348A and Ref.No.SAMB/ CLO I/ 349A respectively and quash the same as arbitrary, illegal and unconstitutional.
For Petitioners : M/s.S.Ramesh For Respondent R2 : M/s.Shivakumar & Suresh C O M M O N O R D E R The present writ petitions have been filed against the impugned order dated 22.05.2018 passed by the 2nd respondent on the appeal filed by the petitioners before the Identification Committee and Review Committee as against declaring the petitioners as the wilful defaulters.
2.On perusal of the impugned order, it reveals that already the petitioner filed an appeal as against the original authority order and the said appeal was rejected by the Identification Committee and the same has been reviewed and confirmed by the Review Committee in the meeting held on 14.12.2017. However,
without challenging the said order passed in appeal, filing the present Writ petition is not sustainable. Hence, the prayer sought for by the petitioners cannot be acceded to. 3.Accordingly, these writ petitions are dismissed. However, liberty is granted to the petitioners to challenge the order of the Appellate Authority dated 14.12.2017 in the manner known to law. No costs. Consequently, connected Miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar skt To Reserve Bank of India, RBI Main Building, Fort, Mumbai - 400 001.
The Deputy General Manager, State Bank of India, Stressed Assets Management Branch, "Red Cross Building"
32, Red Cross Road, Egmore, Chennai - 8.
W.P.Nos.2876, 2880, 2884 & 2891 of 2019 and W.M.P.Nos.3131, 3132, 3136, 3137, 3143, 3146, 3152 & 3155 of 2019 CA(CO) RGA(03/03/2022)