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Bombay High Court

SANKET SHRIKANTversusBANK OF BARODA

Decided
Disposal
DISPOSED OFF

Holding

The orders declaring the petitioner a wilful defaulter are quashed as the bank failed to comply with the show‑cause notice and natural‑justice requirements of the RBI Master Circular.

Summary

The petitioner, a designated partner of Wannabe Foodies Hospitality LLP, challenged the Bank of Baroda's declaration of him as a wilful defaulter, seeking to quash the show‑cause notice dated 8 July 2021 and the subsequent orders of 16 September 2021 and 9 November 2021. He contended that he was never served with the show‑cause notice or the first order, a breach of the RBI’s Master Circular (dated 1 July 2014) which mandates service of notice and an opportunity to be heard before labeling a borrower a wilful defaulter. The bank argued that the notice was duly dispatched and that the petition was filed after an inordinate delay. The Court examined the provisions of the Master Circular, particularly paragraph 3(b), and held that the bank had not demonstrated actual service of the notice nor compliance with the procedural fairness requirements. Consequently, the Court found a violation of natural justice and set aside the impugned orders, directing the bank to follow due process if it wishes to initiate fresh proceedings. The petition was disposed with the relief granted.

Issues considered

  • Whether the Bank of Baroda complied with the RBI Master Circular’s requirement of serving a show‑cause notice and providing a hearing before declaring the petitioner a wilful defaulter
  • Whether the failure to demonstrate service of notice amounts to a violation of natural justice
  • Whether the petition, filed after a delay, is barred by laches or latches

Subjects

  • wilful defaulter
  • natural justice
  • show‑cause notice
  • RBI Master Circular
  • banking law
  • writ petition
  • quashing order
  • procedural fairness

Judgment

                      Gokhale                             1 of 7                 2-wp-3756-25


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION

                                        WRIT PETITION NO. 3756 OF 2025

                     Sanket Inder Shrikant                                 ..Petitioner
                           Versus
                     1. Bank of Baroda
                     2. Reserve Bank of India                              ..Respondents

                                                __________
                     Mr. Ravi Shekhar Pandey a/w. Rushikesh Dusane i/b. Agama Law
                     Associates for Petitioner.

                     Ms. Rithika Yerra i/b. Chittranjan Shah, Kay Legal & Associates LLP
                     for Respondent No.1.

                     Mr. Benny Joseph a/w. Mr. Abu Usama Shaikh, Riyan Adi Jijina
                     and Siddhesh Kini i/b. BJ Law Offices LLP for Respondent No.2.
                                                 __________

                                         CORAM : SARANG V. KOTWAL &
                                                 RANJITSINHA RAJA BHONSALE, JJ.

                                         DATE    : 10 SEPTEMBER 2026

                     JUDGMENT : (PER SARANG V. KOTWAL, J.)

                     1.           Rule. Rule is made returnable forthwith with consent of

                     all the parties.


                     2.           This petition is filed for directions to quash the show-

        Digitally
                     cause notice dated 08.07.2021 and the orders dated 16.09.2021
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2026.09.11
                     and 09.11.2021. The result of the orders is that the Petitioner is
        10:57:10
        +0530
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declared as a Wilful Defaulter by the Respondent No.1-Bank of

Baroda.


3.        Heard Mr. Ravi Shekhar Pandey, learned counsel for the

Petitioner, Ms. Rithika Yerra, learned counsel for the Respondent

No.1 and Mr. Benny Joseph, learned counsel for the Respondent

No.2.


4.        The case of the Petitioner is as follows:


           The Petitioner is a designated partner in Limited

Liability Partnership (LLP) for Wannabe Foodies Hospitality LLP

(hereinafter referred to as ‘WFH’). The said entity had applied to

the Respondent No.1 for a Cash Credit Facility of Rs.30 lakhs

under the Credit Guarantee Fund Scheme for Micro and Small

enterprises. The petition mentions as to why WFH underwent

financial distress. There are various reasons mentioned in the

petition. One of the reasons was the acts of one Ram Karuturi. At

this stage, we need not go to the details as to why the said entity

underwent financial distress. We are considering the procedure

adopted by the Respondent No.1-Bank in declaring the Petitioner
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as a Wilful Defaulter.


5.        Learned counsel for the Petitioner submitted and it is the

case of the Petitioner that the Petitioner was never served with a

show-cause notice which was the fundamental requirement in

initiating the process of declaring any person as defaulter under

the Circular dated 01.07.2014 (hereinafter referred to as ‘Master

Circular) issued by the Respondent No.2-RBI. He submitted that

the Petitioner was never served with not only the show-cause

notice, but even the first order dated 16.09.2021 whereby he was

declared as a Wilful Defaulter. He was only served with the order

of the Review Committee dated 09.11.2021 which is annexed at

Annexure-A to the present petition. Therefore, only and main

contention raised by the Petitioner is violation of principles of

natural justice and violation of the directions issued by the

Respondent No.2-RBI in the said Master Circular. The Master

Circular bears No. RBI/2014-15/73 DBR.No.CID.BC.57/20.16.003

/2014-15.


6.        In response to the contentions raised by the learned
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counsel for the Petitioner, the learned counsel for the Respondent

No.1-Bank relied on the Affidavit in Reply filed in this case. It is

the contention of the Respondent No.1 that the petition is filed

belatedly and hence suffers from the vice of delay and latches. The

impugned order is passed on 09.11.2021 and the petition is filed

in the year 2025. As far as specific ground raised by the Petitioner

that the show-cause notice and the order were not served is

concerned, the reply refers to that ground to some extent in

paragraph-18 of the reply which reads thus:


        “I say that the allegation that the Show Cause Notice
        dated 08.07.2021 and the Order of the Wilful Defaulter
        Committee dated 16.09.2021 were not served upon the
        Petitioner is false, misleading and denied. The said
        Show Cause Notice was duly issued and dispatched to
        the Petitioner at his address as per the Bank’s KYC
        records and was also communicated through official
        banking channels. The Petitioner cannot take
        advantage of alleged non-receipt when notices were
        dispatched in the ordinary course of business and no
        prejudice has been demonstrated. In any event, the
        Petitioner had sufficient knowledge of the proceedings
        and participated in subsequent correspondence,
        thereby curing any alleged defect of service.”



7.        We have considered these submissions. The relevant

guidelines in the Master Circular referred to herein above are
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mentioned in paragraph-3 of the said Circular, and in particular,

paragraph-3(b) is important; which reads thus:


         “3. Mechanism for identification of Wilful Defaulters

         (a)   xxxx

         (b) If the Committee concludes that an event of
         wilful default has occurred, it shall issue a Show Cause
         Notice to the concerned borrower and the
         promoter/whole-time director and call for their
         submissions and after considering their submissions
         issue an order recording the fact of wilful default and
         the reasons for the same. An opportunity should be
         given to the borrower and the promoter/whole-time
         director for a personal hearing if the Committee feel
         such an opportunity is necessary.”



8.        Thus, issuance of a show-cause notice and affording

reasonable opportunity to the proposed defaulter is a very

essential ingredient of the guidelines issued by the Respondent

No.2-RBI. It is not a mere empty formality, but it has to be

followed in spirit.


9.        In the present matter, the reply of the Respondent No.1-

bank does not specifically establish that the show-cause notice was

served on the Petitioner and does not mention what steps were

taken in that behalf. There is no reference to whether any paper
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publication was actually made and if it was made, under what

circumstances it was made. The reply does not establish that a

show-cause notice was actually served on the Petitioner. Thus, in

the present case, there is a clear violation of the principles of

natural justice. On this ground alone, the impugned orders are

required to be set aside.


10.       Hence, the following order:


                                        ORDER


              i)   Rule is made absolute in terms of prayer clause
                   (a); which reads thus:

                     “a) Issue a writ of certiorari or any other
                     appropriate writ, order or direction in nature of
                     certiorari calling for the records and proceedings
                     pertaining to the meetings and hearing carried out
                     by the Wilful Defaulter Committee and the Wilful
                     Defaulter Review Committee of Respondent No.1
                     and issue writ or pass directions quashing the
                     Show Cause Notice dated 8th July 2021 and the
                     Orders dated 16th September 2021 and 9th
                     November 2021 along with all actions in
                     pursuance thereof.”



              ii) The Respondent No.1-Bank of Baroda shall take
                   all consequential steps since the impugned orders
                   are set aside.
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           iii) It is further clarified that, if necessary, the
               Respondent No.1-Bank of Baroda can initiate
               fresh proceedings in the present subject matter
               after following due process of law.

           iv) The Petition is disposed of.




(RANJITSINHA RAJA BHONSALE, J.)           (SARANG V. KOTWAL, J.)


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