Shuchi Jain v. Indian Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2026

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G. ARUL MURUGAN Shuchi Jain : Appellant versus Indian Bank, Stressed Asset Management Branch, Wilful Defaulter Screening Committee, 55, Ethiraj Salai, Second Floor, Chennai 600 008 : Respondent Prayer: Appeal filed to set aside the order dated 01.10.2024 in WP No.31077 of 2023.

For Appellant :

Mr.Bhagavathi Krishnan

JUDGMENT

(delivered by the Hon'ble Chief Justice) Learned counsel for the appellant submits that the respondent has passed the impugned order without affording proper opportunity of hearing to the appellant.

2. We have gone through the order passed by the learned Single Judge and the averments made in the petition. The averments made in the petition reveal that not only the husband of the appellant but also the appellant herself was participating in the proceedings drawn by the Wilful Defaulters Screening Committee. This is not a case where orders were passed without giving any opportunity of hearing whatsoever. In order to justify her non-appearance before the Committee on 25.08.2022, all that has been stated is that the appellant did not have any knowledge of the proceedings and that her husband was handling the affairs. It is also stated that her late husband informed her that a personal hearing has been fixed on 25.08.2022. Further submission made is that since hearing date was intervening with religious festivals and in the midst of religious observance, her husband sought an adjournment of the hearing. According to the appellant, when a prayer for adjournment was made, no proceedings should have been drawn.

3. The statement of facts which have been made in the affidavit, if we may say so, are not at all made out. The appellant was already noticed. The dates of hearing were known to the appellant. The

appellant participated in the proceedings independently as director and promoter. Her husband died on 19.11.2022; whereas non-appearance was only on 25.08.2022. Therefore, on facts, no case for violation of principles of natural justice is made out.

4. In that view of the matter, the appeal is dismissed. There will be no order as to costs. The petitioner, however, would have liberty to file an appeal before the competent appellate authority within a period of ten days. The appellate authority shall decide the appeal on its own merits, except on the issue of violation of principles of natural justice. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G. ARUL MURUGAN, J.) 10.02.2026 Index : Yes/No : Yes/No tar To Indian Bank, Stressed Asset Management Branch, Wilful Defaulter Screening Committee, 55, Ethiraj Salai, Second Floor, Chennai 600 008

THE HON'BLE CHIEF JUSTICE AND G. ARUL MURUGAN , J.

(tar) 10.02.2026