- (1.) The Court:- The petitioners in this WP under art.226 dated February 01, 2012 are questioning a notice dated January 13, 2012 (at p.150) issued by the State Bank of India. Relevant parts of the notice are quoted below: With reference to your letter No.IC/OBJ/GLOBAL/012/2011-12 dated 04.01.2012, we have to advise that proposal to include the names of the Company, its directors (Mr. Santanu Ghosh, Sri Samiran Das and Sri Sumit Kumar Banerjee), Guarantors (Sri Santanu Ghosh & Smt. Sudeshna Ghosh) and Corporate Guarantors (Xenitis Technolab Pvt. Ltd., Xenities Infotech (Electronics) P Ltd & Xenities Infotech Limited) in RBI/CIBIL wilful defaulters list have been approved by the bank s appropriate committee and accordingly notices were served to the Company/Guarantors/Corporate Guarantors vide our letter dated 20.12.2011.
(2.) Since both Mr. Sudipta Sen and SRIL came into the picture after the account became NPA, their request to exempt their names from wilful defaulters list is considered reasonable. We, therefore, do not consider their names for inclusion in Wilful Defaulter list.
(3.) The bank issued a notice dated December 20, 2011 (at p.70) regarding non-payment of its dues by one Global Automobiles Limited and declaration of wilful defaulter in terms of the Reserve Bank of India guidelines. It was stated that appropriate authority of the bank decided that names of the persons to whom the notice was sent should be notified as wilful defaulters and incorporated in the wilful defaulters list. The persons to whom the notice was sent were informed that they were free to submit representation to the Grievance Redressal Committee within 15 days from the date of receipt of the notice. The petitioners submitted their representation dated January 5, 2012 (at p.72). It is their case that without giving them any opportunity of hearing their representation has been rejected.;