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2015 (3) TMI 504 - HC - Indian LawsDefault in repayment of loan - Publication of photographs of defaulters in the newspapers - One time settlement pending adjudication before the Debts Recovery Tribunal - Held that:- I pronounce no view with regard to the validity, legality or sufficiency of the one time settlement claim to be arrived at between the parties. The Debts Recovery Tribunal or any other forum competent in law to adjudicate such issue will do so. So far as the publication of photographs of the writ petitioners in the newspapers and other places are concerned, as laid down in Ujjal Kumar Das [2015 (2) TMI 1046 - CALCUTTA HIGH COURT] , the bank has no power to do so under the SARFAESI Act, 2002 or the Rules framed thereunder. The Kerala High Court in Venu [2015 (3) TMI 438 - KERALA HIGH COURT] has laid down that the bank cannot publish advertisement in violation of Article 21 of the Constitution of India. Significantly both the aforesaid two decisions were rendered against the State Bank of India. State Bank of India in spite of such decisions is persisting in continuing with threats of publication of photographs in the newspapers and other places. In view of the ratio in Ujjal Kumar Das and Venu , the order impugned before me dated September 10, 2014 issued by State Bank of India cannot be sustained and is hereby quashed. - Decided in favour of appellant.
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