Purushottam Chagganlal Mandhana And 2 ORS v. Bank Of Baroda

Mayur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 838 OF 2024 Purushottam Chagganlal Mandhana And Ors ...Petitioners

Versus

Bank Of Baroda

...Respondent

______________________________________________________ Mr. Shadab S. Jan, a/w Adv. Shivam Bhagwati i/b Crawford Bayley, for Petitioner.

Mr. Rathina Marvarman (VC), a/w Adv. Prachi Ghane, for Respondent.

______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.

DATED : 03 October 2025 P.C.:- 1.

Heard learned counsel for the parties.

2.

Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.

3.

The petitioners have challenged the show cause notice dated April 22, 2021, requiring them to show cause as to why they should not be declared willful defaulters. 4.

Mr Shadab Jan, learned counsel for the petitioner, submits that the petitioners, in writing, have requested the respondent to furnish the documents upon which the

respondent seeks to rely in their show cause notice or for the purpose of declaring the petitioners as willful defaulters. To date, however, such documents are not being furnished to the petitioners.

5.

If the respondent wishes to rely upon any documents in support of their show cause notice, it is appropriate that such documents be furnished to the petitioners. 6.

Accordingly, we direct the respondents to furnish the petitioners with the documents that they seek to rely upon in their show cause notice or in support of their case for the petitioners to be declared willful defaulters. Such documents must be supplied within eight weeks from the date of uploading of this order.

7.

However, if the above documents are not supplied, the petitioners must file their response to the show cause notice, raising a plea of prejudice, if any. The show cause notice must then be disposed of by the respondents based on such a reply, and after providing an opportunity for the petitioners to be heard.

8.

The interim order granted by this Court is hereby vacated.

9.

All contentions of the parties on merits are left open for decision by the appropriate authority enjoined to dispose of the show cause notice.

10.

The rule is made absolute in the above terms.

11.

With the above direction, we dispose of this petition. No costs.

12.

All concerned must act on an authenticated copy of this order.

(Advait M. Sethna, J) (M.S. Sonak, J.)