Kalatil Ullatil Sivadas v. The Department Of Banking
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.26147 to 26152 of 2017 1.Kalatil Ullatil Sivadas ... Petitioner (in WP.No.24770 of 2017) 2.Thyagarajan Shivaraman ... Petitioner (in WP.No.24771 of 2017) Vs.
1.The Department of Banking Regulation Reserve Bank of India 13th Floor, Central Office Building Mumbai - 400 001.
2.Assistant General Manager Corporate Financial Service Branch Bank of Baroda IInd Floor, 74, Theagaraya Road, Near Panagal Park, T.Nagar Chennai - 600 017.
3.Haldia Coke and Chemicals Private Limited Mookambika Complex, 6th Floor No.4, Lady Desika Road, Mylapore Chennai - 600 004.
4.Experian Credit Information Company of India Private limited 5th Floor, East Wing Tower 3, Equinox Business Park LBS Marg, Kurla (West), Mumbai - 400 070.
5.Equifax Credit Information Services Private Limited Office No.2, Ground Floor, Madhusudhan Mills Shankar Rao Naram Path, Near Peninsula Corporate Park Opp.Laxmi Industrial Estate, Lower Parel Mumbai - 400 013.
6.CRIF High Mark Credit Information Services Private Limited 3B-01, 02, 03, 3rd Floor Phoenix Paragon Plaza CTS No.124/B, 15, LBS Marg, Kurla (West) Mumbai - 400 070.
7.Credit Information Bureau (India) Limited One India Bulls Centre, Tower 2A 19th Floor, Senapati Bapat Marg Elphinstone Road Mumbai - 400 013.
... Respondents (in both WPs) Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent in respect of the impugned communication respondent bearing reference number CFS / ADV / 13 / 678 dated 01.09.2017 and all proceedings and consequent thereto, and quash the same as being illegal arbitrary and violative of principles of natural justice and forebear the second respondent, from in any manner disclosing, revealing, or otherwise disseminating any information on the alleged declaration of this petitioner as
willful defaulter either through the first respondent or through any other entities including the Fourth to the Seventh respondent or in any other manner publish the Photograph of the petitioner in any newspapers or other. For Petitioners : Mr.Vishnu Mohan (in both WPs) For R1 : Mr.C.Mohan M/s. King & Partridge (in both WPs) For R2 : Mr.KMC.Arun Mohan For Mr.S.Sathiya Narayanan (in both WPs) For R7 : Mr.A.Siva Subramanian (in both WPs) For R6 : Mr.R.Hari Shankar (in both WPs) For R3 : No Appearance (in both WPs) For R4 & R5 : Not Ready in Notice (in both WPs) COMMON ORDER The learned counsel for the petitioners made a submission that during the pendency of the writ petitions, the dues to the Bank were settled by the writ petitioners and by availing the benefit of OTS and thus, the name of the
petitioners have been removed from the defaulters list. Thus, the proceedings initiated to declare the petitioner are defaulters would not survive.
2. Accordingly, these Writ Petitions stand closed. No costs. Consequently, connected Miscellaneous Petitions are also closed. 10.03.2023 (1/2) Jeni Index : Yes Speaking order To The Department of Banking Regulation Reserve Bank of India 13th Floor, Central Office Building Mumbai - 400 001.
S.M.SUBRAMANIAM, J.
Jeni 10.03.2023 (1/2)