THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.12423 OF 2021
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners, wherein the following prayer is made:
"... to issue any appropriate Writ or Writs, Order or Orders more particularly one in the nature of Writ of Certiorari declaring the Show Cause Notice Dated 29.04.2021 (received on 05.05.2021) issued by the Respondent No.2 intending to classify Petitioners as willful defaulters withholding discretion to give personal hearing, as illegal, arbitrary; against to the principles of natural justice & audi alterem palterem; against the law, as laid down by Hon'ble Supreme Court in State Bank of India Vs. Jah Developers Pvt. Ltd. and this Hon'ble High Court in its Division Bench Judgment in W.P.No.19102 of 2019 and consequently, set-aside the Show Cause Notice Dated 29.04.2021 issued by Respondent No.2 in the circumstances of case and in the interest of justice, and pass such other order or orders ..."
2. Heard the learned counsel for both sides and perused the record.
3. Learned counsel for the petitioners would submit that in the impugned notice, dated 29.04.2021, the respondent-Bank has observed that the Committee reserves its discretion to give or not to give personal hearing to the petitioners before deciding about classifying the petitioners as wilful defaulters and ultimately, prayed to direct the respondent-Bank to provide an opportunity of personal hearing to the petitioners before an order is passed pursuant to the impugned notice, dated 29.04.2021.
4. Learned Standing Counsel appearing for the respondent- Bank would submit that the respondent-Bank is ready to provide 2 an opportunity of hearing to the petitioners before an order is passed pursuant to the impugned notice, dated 29.04.2021, and action would be taken in accordance with the procedure established under law.
5. The said submissions of the learned Standing Counsel are taken on record.
6. Since the respondent-Bank has come forward to provide an opportunity of personal hearing to the petitioners before an order is passed pursuant to the impugned notice dated, dated 29.04.2021, no further orders are required to be passed in this Writ Petition. It is made clear that the petitioners are entitled to submit explanation to the impugned notice, dated 29.04.2021, if the same is not yet submitted, and also make submissions in person before a final order is passed pursuant to the impugned notice, dated 29.04.2021.
7. With the above observations, the Writ Petition is disposed of.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.
____________________ Dr. SHAMEEM AKTHER, J Date: 18.01.2022 MD