Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3152 OF 2018

AV Amarnath & Anr …Petitioners Versus IDBI Bank Ltd & Anr …Respondents

WITH

WRIT PETITION NO. 3153 OF 2018

Venkatesan Vetaraman Singanallur & Ors …Petitioners Versus IDBI Bank Ltd & Anr …Respondents

WITH

WRIT PETITION NO. 2852 OF 2019

Devanshu Praveen Desai …Petitioner Versus State Bank of India & Ors …Respondents

SANJAY MORMARE Digitally signed by SHEPHALI SANJAY

MORMARE Date: 2022.02.28 17:39:19 +0530

SHEPHALI

WITH

WRIT PETITION NO. 2856 OF 2019

Deepen Arun Parekh …Petitioner Versus State Bank of India & Ors …Respondents

WITH

WRIT PETITION NO. 3365 OF 2019

Aditya Malhotra & Ors …Petitioners Versus IDBI Bank Ltd & Anr …Respondents

WITH

WRIT PETITION NO. 3521 OF 2019

Kirankumar Chandulal Parikh …Petitioner Versus State Bank of India & Ors …Respondents

WITH

WRIT PETITION NO. 3649 OF 2019

Shri Arvind Dham …Petitioner Versus IDBI Bank Ltd & Ors …Respondents

WITH

WRIT PETITION NO. 3651 OF 2019

Gautam Malhotra …Petitioner Versus IDBI Bank Ltd & Anr …Respondents

WITH

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8016 OF 2019

Rajan Bhalchandra Datara & Anr …Petitioners Versus

Page 2 of 15 28th February 2022 Bank of Maharashtra & Anr …Respondents

WITH

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 11454 OF 2019

Shobhana R Datar …Petitioner Versus Union of India Through Ministry of Law & Justice, Department of Legal Affairs & Ors …Respondents

WITH

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 262 OF 2020

WITH

INTERIM APPLICATION NO. 7 OF 2020

Kuloday Plastomers Pvt Ltd …Petitioner Versus Union of India & Ors …Respondents

WITH

WRIT PETITION (L) NO. 9453 OF 2020

Urrshila Kerkar & Anr …Petitioners Versus State Bank of India & Anr …Respondents

WITH

WRIT PETITION (L) NO. 9456 OF 2020

Urrshila Kerkar & Anr …Petitioners

Page 3 of 15 28th February 2022

Versus Kotak Mahindra Bank Ltd & Ors …Respondents

WITH

CIVIL APPELLATE JURISDICTION

WRIT PETITION (ST) NO. 96699 OF 2020

AND

WRIT PETITION NO. 932 OF 2022

Shree Balaji Milk & Milk Products …Petitioner Versus Bank of India & Ors …Respondents

WITH

WRIT PETITION NO. 959 OF 2021

Surya Prakash Madrecha …Petitioner Versus State Bank of India & Anr …Respondents

WITH

WRIT PETITION (L) NO. 1124 OF 2021

Savita Satish Gowda …Petitioner Versus State Bank of India Ltd …Respondents

WITH

WRIT PETITION (L) NO. 1538 OF 2021

Mohan Prasad Kala …Petitioner Versus

Page 4 of 15 28th February 2022 State Bank of India Ltd …Respondents

WITH

WRIT PETITION NO. 1704 OF 2021

Alok Agrawal …Petitioner Versus South Indian Bank Limited & Ors …Respondents

WITH

WRIT PETITION NO. 1738 OF 2021

Yogesh Mehra …Petitioner Versus State Bank of India & Ors …Respondents

WITH

WRIT PETITION NO. 1743 OF 2021

Ajay Mehra …Petitioner Versus State Bank of India & Ors …Respondents

WITH

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2369 OF 2021

Chandra Prakash Madrecha …Petitioner Versus IDBI Bank Limited & Anr …Respondents

WITH

Page 5 of 15 28th February 2022

WRIT PETITION NO. 2392 OF 2021

Surya Prakash Madrecha …Petitioner Versus IDBI Bank Limited & Anr …Respondents

WITH

WRIT PETITION NO. 2414 OF 2021

WITH

INTERIM APPLICATION NO. 2655 OF 2021

Ashok Yoginder Punj & Anr …Petitioners Versus IDBI Bank & Ors …Respondents

WITH

WRIT PETITION NO. 2605 OF 2021

Mamta Kishore Apparao & Anr …Petitioners Versus State Bank of India & Ors …Respondents

WITH

WRIT PETITION NO. 2944 OF 2021

WITH

INTERIM APPLICATION NO. 1033 OF 2020

Punit Agarwal …Petitioner Versus Reserve Bank of India & Anr …Respondents

WITH

Page 6 of 15 28th February 2022

WRIT PETITION NO. 3603 OF 2021

WITH

INTERIM APPLICATION NO. 2646 OF 2021

Nareshchandra Sharma …Petitioner Versus IDBI Bank Ltd & Ors …Respondents

WITH

WRIT PETITION NO. 3605 OF 2021

WITH

INTERIM APPLICATION NO. 2648 OF 2021

Manjula Bhatia …Petitioner Versus IDBI Bank Ltd & Ors …Respondents

WITH

WRIT PETITION NO. 3650 OF 2021

Ajit Bhagwan Kulkarni & Ors …Petitioners Versus Bank of Maharashtra & Anr …Respondents

WITH

WRIT PETITION NO. 4386 OF 2021

Kishor M Howale & Anr …Petitioners Versus The Reserve Bank of India & Ors …Respondents

WITH

Page 7 of 15 28th February 2022

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 5807 OF 2021

Chandra Prakash Madrecha …Petitioner Versus State Bank of India & Anr …Respondents

WITH

WRIT PETITION (L) NO. 10149 OF 2021

Viraj Chetan Shah …Petitioner Versus Union Bank of India …Respondent

WITH

WRIT PETITION (L) NO. 13989 OF 2021

RJ Bio-Tech Ltd & Ors …Petitioners Versus State Bank of India & Ors …Respondents

WITH

WRIT PETITION (L) NO. 14651 OF 2021

Harshwardhan Raghvendra Joshi …Petitioner Versus IDBI Bank Ltd & Ors …Respondents

WITH

WRIT PETITION (L) NO. 14653 OF 2021

Meena Raghavendra Joshi …Petitioner Versus

Page 8 of 15 28th February 2022 IDBI Bank Ltd & Ors …Respondents

WITH

WRIT PETITION (L) NO. 14654 OF 2021

Khadkeshwar Hatcheries Ltd & Ors …Petitioners Versus IDBI Bank Ltd & Ors …Respondents

WITH

WRIT PETITION (L) NO. 16841 OF 2021

MS Ambegaonkar & Anr …Petitioners Versus Union of India & Ors …Respondents

WITH

WRIT PETITION (L) NO. 20876 OF 2021

Purshottam Chagganlal Mandhana & Ors …Petitioners Versus State Bank of India & Ors …Respondents

WITH

WRIT PETITION (L) NO. 27716 OF 2021

Olympic Oil Industries Ltd & Ors …Petitioners Versus Indian Overseas Bank …Respondent

WITH

WRIT PETITION NO. 93 OF 2022

Page 9 of 15 28th February 2022 Pranav Constructions Systems Pvt Ltd & Ors …Petitioners Versus Bank of Baroda …Respondent

INTERIM APPLICATION NO. 483 OF 2022

IN

FIRST APPEAL (L) NO. 23059 OF 2021

Ridge Innovations Pvt Ltd, formerly known as	…Appellants
DSL Enterprises Pvt Ltd, Nashik & Anr
Versus
Bank of Maharashtra, Nashik	…Respondent

WITH

WRIT PETITION NO. 1230 OF 2022

Autocrat Automotive Stamping Pvt Ltd & Ors	…Petitioners
Versus
Bank of India, through its Managing Director and	…Respondents
Chief Executive Officer & Anr

WITH

WRIT PETITION (L) NO. 3725 OF 2022

PSL Corrosion Control Services Ltd & Ors	…Petitioners
Versus
Union of India & Ors	…Respondents

WITH

WRIT PETITION NO. 2545 OF 2021

Ravi Arya & Anr …Petitioners Versus

Page 10 of 15 28th February 2022

The Reserve Bank of India through its Governor & Ors …Respondents

WITH

WRIT PETITION NO. 3186 OF 2021

Pratibha Milk Industries & Ors	…Petitioners
Versus
Bank of Baroda & Ors	…Respondents
Mr Akshay Doctor, with Deepak Deshmukh & Vivek Dwivedi, i/b	h & Vivek Dwivedi, i/b
Naik Naik & Co, for the Petitioners in WP/2605/2021.	WP/2605/2021.
Mr Vishal Maheshwari, i/b VM Legal, for the Applicants/Petitioners	the Applicants/Petitioners
in WPL/16841/2021.	11 ,
Mr Dhannya Prasad, with V Mannadiar, i/b Mannadiar & Co, for	/b Mannadiar & Co, for
Respondent No. 4 in WP/1738/2021 and WP/1743/2021.	nd WP/1743/2021.
Mr Mukul Taly, with Sayali Gharpure, i/b S Mahomedbhai & Co, for	S Mahomedbhai & Co, for
the Petitioner in ASWP/8016/2019 and FAST/23059/2021.	nd FAST/23059/2021.
Ms Nikita Menon, i/b Parinam Law Associates, for the Petitioner in	ates, for the Petitioner in
WPL/10149/2021.	50
Mr Sanjay Anabhawane, i/b Medha Rane, for Respondent No.1 in	for Respondent No.1 in
WP/8016/2019 and WPST/11454/2019.	<i>19</i> .
Mr NR Bubna, for Respondent No. 1 in WPL/16841/2021.	L/16841/2021.
Mr Mohamedali M Chunawala, i/b Gul Asnani, for Respondent	Isnani, for Respondent
No.4-Union of India, in WPL/13989/2021.	2021.
Mr Mohamedali M Chunawala, i/b AA Ansari, for Respondent	nsari, for Respondent
No.2-Union of India in ASWP/8016/2019 and for Respondent	2019 and for Respondent
No.1-Union of India, in ASWP/11454/2019.	/2019.
Mr Simil Purobit with Nibita Vardhan R	weena Kinbhahmala &

Mr Simil Purohit*, with Nikita Vardhan, Raveena Kinkhabwala & Vishal Tiwari, i/b Kanga & Company, for the Petitioner in WP/2852/2019, WP/2856/2019 and WP/3521/2019.*

Mr Akhilesh Dubey*, with Dharmesh Joshi, i/b TD Joshi & Associates, for Petitioners in WPL/9453/2020 and WPL/9456/2020.*

Mrs Rathina Maravarman*, for Respondents Nos. 1 and 2-State Bank of India in WPL/13989/2021, WPL/9453/2020, for Respondent*

Page 11 of 15 28th February 2022

No.2-Bank of Baroda in WP/1762/2021, for Respondent No.2- Union Bank of India in WP/1704/2021, for Respondent No.1- Bank of Maharashtra, in WP/3650/2021 and for Respondent No.1-Bank of Baroda in WP/93/2022.

• Mr Nikhil Rajani*, with Rupak Swangikar, i/b V Deshpande & Co, for the Respondent No.1-Kotak Mahindra Bank Limited in WPL/9456/2020.*
• Ms Nidhi Singh*, with Zoheb Khatri, i/b Indialaw LLP, for Respondent No. 1-South Indian Bank, in WP/1704/2021.*
• Mr Onkar Chandurkar*, with Rajesh Devgharkar, i/b Akshay Vijay Kamle, for the Petitioner in WPL/1704/2021.*
• Mr Ashwin Shanker*, with Kunal Naik, for Petitioners in WP/3650/2021.*
• Ms Kirti Taralkar*, i/b Shiraji Masal, for the Petitioner in WP/4386/2021.*
• Mr Shadab S Jain*, i/b Crawford Bayley & Co, for the Petitioner in WPL/20876/2021.*
• Mr Digant Bhatt*, i/b IV Merchant & Co, for Respondent No. 4 in WPL/20876/2021.*
• Dr Birendra Saraf, Senior Advocate*, with Vivek Patil, i/b Vishnu Chavan, for the Petitioner in WPST/96699/2020.*
• Mr Vivek Patil*, i/b Vishnu Chavan, for the Petitioner in WP/3186/2021.*
• Ms Adititi Phatak*,with Kirti Ojha, i/b BLAC & Co, for Respondent - RBI in WP/8046/2019, WP/11454/2019 and WP/2545/2021.*
• Mr Nirav Shah*, i/b Little & Co, for WPL/5543/2020.*
• Mr Mohnish S Jain*, i/b Lex Legal & Partners, for Petitioners in WP/959/2021, WPL/1124/2021, WPL/1538/2021, WP/2369/2021, WP/2392/2021 & WPL/5807/2021.*
• Mr Rohit Gupta*, with Siddha Pamecha, Vaibhav Warerkar & Rukshin Chiara, i/b Mulla Associates, for the Petitioner in WP/2843/2021 and WP/2944/2021.*

Mr Nishit Dhruva*, with Prakash Shinde, Niyati Merchant & Yash Dhruva, i/b MDP & Partners, for Respondent No. 1 in WP/2369/2021, WP/3152/2018, WP/3153/2018, WP/2852/2019, WP/2856/2019, WP/3365/2019, WP/3521/2019, WP/3649/2019, WP/3651/2019, WP/1738/2021,WP/1743/2021, WP/2392/2021, for some*

Respondents in WP/2044/2019, WP/10149/2021.

CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 28th February 2022

PC:-

1. The entire group is listed for directions. The common issue in all these matters pertains to declaration by one or the other of the banks involved, and said to be in accordance with mandatory RBI guidelines or circulars of the Petitioners as wilful defaulters and which has an impact on the individual concerned.

2. Writ Petition No. 932 of 2022 is to be tagged along with this group. Writ Petition No. 3186 of 2021 is a part of this group. It is not on board. It is taken on board.

3. By a separate order Writ Petition No. 262 of 2021 is detagged from this group as it does not pertain to the subject mater of this group.

4. Some of these Petitions raised substantive challenges not only to the declarations but also to the underlying circulars and perhaps even the guidelines themselves. Those will be addressed separately.

5. In the meantime, as Dr Saraf points out that there are many cases where interim relief has not been rejected but the applications for interim relief have also not come up.

Page 13 of 15 28th February 2022

6. We propose, therefore, to separate from this group for a limited purpose those matters in which interim relief is sought but has not been expressly rejected. We will also take only those matters for interim relief where the case of the Petitioners is that there is a procedural irregularity vitiating the declaration as willful defaulters.

7. We request Mr Trivedi, Official Assignee to assist us in this segregation. He will have this entire group listed before him on Thursday, 3rd March 2022 on the Original Side Writ Petition Department. The Advocates for the Petitioners in each of these matters must appear before him that day and identify those Petitions where interim relief is pending (i.e. IA has not been rejected or not pressed) and further where the challenge in the Petition is based on some procedural infirmity or irregularity.

8. If any Petitioner's Advocate does not appear before Mr Trivedi, the matter will be taken up with the main group. All other matters, i.e. where there are larger challenges or where interim relief has been refused will be taken with the main group at the time of final hearing.

9. After we have dealt with the pending IAs we will notify the group separately for final disposal at the earliest.

10. List the entire group on 7th March 2022 along with Mr Trivedi's report for directions.

11. All concerned will act on production of a digitally signed copy of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J)

Page 15 of 15 28th February 2022