Debangsu Basak, J. - (1.) The Court : The petitioner challenges the action of State Bank of India in classifying the petitioner as a Wilful Defaulter purporting to act under the Master Circular dated July 1, 2014 as up-dated up to January 7, 2015 issued by the Reserve Bank of India.
(2.) Learned counsel appearing for the petitioner submits that, the State Bank of India has violated paragraph 2.5 of the Master Circular. The bank did not consider the question of declaration of Wilful Default by the appropriate committee as envisaged under Clause (a). The Committee did not issue any show-cause notice to the petitioner. Although the petitioner was present before the committee for hearing, it's results have not been published. The bank seeks to pass off a communication dated December 31, 2014 as the decision of such committee. The same is not permissible. In spite of affidavits, the decision of the committee has not been made available on record. He relies upon a Judgment and Order dated December 24, 2014 passed in WP No.942 of 2014 (Kingfisher Airlines Limited & Ors. versus Union of India & Ors.) in support of his contentions.
(3.) The bank is represented.;