Manish S/O Amarchand Mehta vs The General Manager, Industrial ...
2023 Latest Caselaw 875 Bom

Judgment                           1            932-W.P.No.1572.2021.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.

                 WRIT PETITION NO. 1572 OF 2021


     Manish S/o Amarchand Mehta,
     Aged about 51 years, Occu. - Business,
     R/o Amar Swaroop, Bhaji Mandi,
     Itwari, Nagpur - 440 002.
                                               .... PETITIONER

                           // VERSUS //

1)   The General Manager,
     Industrial Development Bank
     of India Ltd., (IDBI)
     a Banking Company, Having its office
     at IDBI Tower, WTC Complex,
     Cuffe Parade, Colaba,
     Mumbai - 400005.

2)   The Chief Manager,
     Industrial Development Bank
     of India Ltd., (IDBI)
     a Banking Company, Having its office
     at IDBI Tower, WTC Complex,
     Cuffe Parade, Colaba,
     Mumbai - 400005.

3)   The General manager,
     IFCI Limited. Head Office,
     IFCI Tower, 61 Nehru Place,
     New Delhi - 110019.
                                             .... RESPONDENTS

______________________________________________________________ Ms. Winy Daigavane, Advocate holding for Mr. Akhtar Ansari, Advocate for the petitioner.

Mr. S.V. Sohoni, Advocate for the respondents. ______________________________________________________________

CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ DATED : JANUARY 25, 2023 Judgment 2 932-W.P.No.1572.2021.odt

ORAL JUDGMENT : (Per A. S. Chandurkar, J.)

1. Rule. Rule made returnable forthwith. Heard finally by

consent of the learned counsel for the parties.

2. The petitioner is aggrieved by the action on the part of the

respondents in publishing the petitioner's name in the list of wilful

defaulters on 31.10.2019. That action is the subject matter of

challenge in the present Writ Petition.

3. On 12.01.2023, Mr. S.V. Sohoni appearing for the

respondents has submitted that respondent No.3 - Industrial Finance

Corporation of India Limited had issued a No Objection Certificate to

the petitioner on 24.10.2011 and hence it has not declared the

petitioner as a wilful defaulter. Today the learned counsel has

furnished the photocopy of the affidavit filed on behalf of respondent

No.3. He submits that the original affidavit would be filed on record.

Statement accepted.

4. In the reply filed on behalf of respondent Nos.1 and 2, it

has been stated that insofar as Industrial Development Bank of India

Ltd. is concerned, no amount has to be recovered from the petitioner.

On completion of the necessary formalities the name of the petitioner

would be removed from the list of wilful defaulters. For taking that

action a period of three months would be required for completing the

necessary procedure. It is further stated that insofar as the principal Judgment 3 932-W.P.No.1572.2021.odt

borrower - Munis Forge Limited is concerned, the proceedings for

recovery are pending before the Debts Recovery Tribunal.

5. In view of the affidavits filed by the respondents, the

following order is passed :

(i) The Industrial Finance Corporation of India Limited -

respondent No.3 shall within a period of fifteen days from today

submit all necessary documents to the respondent Nos.1 and 2 for

removal of the petitioner's name from the list of the wilful defaulters.

(ii) The respondent Nos.1 and 2 shall thereafter take all

necessary steps to remove the name of the petitioner from the list of

wilful defaulters.

(iii) The entire procedure be completed within a period of three

months on receiving the such proposal from respondent No.3.

With these directions, the Writ Petition is allowed and

disposed of. Rule accordingly. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.)

Kirtak Digitally Signed By:KIRTAK BHIMRAO JANARDHAN Signing Date:27.01.2023 17:14