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2019 (5) TMI 861 - CALCUTTA HIGH COURTInclusion of names in the list of the Reserve Bank of India’s Credit Information Companies list of Wilful Defaulter - Conversion of security for the cash credit facility by illegally clubbing the two accounts - debt was classified as non-performing assets (NPA) - HELD THAT:- The petitioner company has been given notice well in advance to appear in the hearing to explain why the petitioner company should not be enlisted as wilful defaulter - complying all the formalities the petitioner company was duly furnished with all documents. In spite of that the petitioner company repeatedly failed, neglected and avoided to appear in the hearing on some pretext or other. The Court also cannot shut its eyes on the argument as demonstrated by Mr. Bhattacharya (appearing at Page 222 & 224 of the writ petition) that ample opportunity was given to the petitioner company to appear before the hearing. But unfortunately the petitioner company failed , neglected and avoided to appear before the hearing - The Court also finds that talk of settlement was going on between the petitioner company and the respondent bank but the petitioner company failed to comply with the terms of settlement. Therefore, settlement also failed. This writ petition is a pre-mature one. Accordingly this writ petition does not deserve any interference by this Hon’ble Court - the present writ petition is dismissed without any order as to costs.
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