9911796707
TMI Blog2020 (8) TMI 951X X X X Extracts X X X X X X X X Extracts X X X X ..... 08.2020 issued by respondent No. 1/Bank. Other connected reliefs are also sought. 2. The case of the petitioner is that the Company-Moser Bear India Ltd. was incorporated in 1983. The petitioner was appointed as a Director in 2001. On 16.11.2012, the petitioner is said to have resigned as a Director. It is also pleaded that the petitioner had earlier also resigned as an Executive Director. The account of the Company in question was declared as NPA in 2013. On 30.05.2016, the petitioner received a show cause notice from respondent No. 1/Bank. A writ petition was filed in this court being W.P.(C) No. 6412/2016 which was disposed of on 28.07.2016 with a direction to respondent No. 1 to afford an opportunity of hearing to the petitioner before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ular pertaining to declaration of a person as a wilful defaulter dated 01.07.2015. It is pleaded that Clause 3 specifically provides that a wilful default has to be on behalf of the promoter/whole time director at the relevant time. The petitioner being neither a promoter nor a whole time director at the relevant time, it is pleaded, there is no jurisdiction with respondent No. 1/Bank to deal with the case of the petitioner in terms of the Master Circular dated 01.07.2015. 5. Reliance is also placed on a judgment of a Coordinate Bench of this court in the case of Ratul Puri vs. State Bank of Patiala, W.P. (C) No. 11923/2016 dated 20.12.2016. It is also pleaded that in these peculiar facts and circumstances and also keeping into account tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ournment to an appropriate date which is suitable to the said Committee. In case such a request is made, the Committee is requested to consider the same favourably. 10. Keeping into account the facts and circumstances of the case, especially, the fact that on the same facts multiple proceedings have been commenced against the petitioner, the petitioner is also given liberty to file written submissions within two weeks from today before the Wilful Defaulter Identification Committee. 11. I may also note that the Coordinate Bench of this court in the case of Ratul Puri vs. State Bank of Patiala, W.P. (C) No. 11923/2016 on 20.12.2016 had passed the following directions:- "xxx CM No. 47030/2016 (stay) 1. Notice. Counsel for the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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