Urvil Akshaya JaniversusHDFC Bank Limited

                                                                        24 WP 4263-24-OS.DOC




                                                                                   Priya Soparkar

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                      WRIT PETITION NO. 4263 OF 2024
                      Urvil Akshaya Jani and anr.                              …Petitioners
                            Versus
                      HDFC Bank Limited and anr.                             …Respondents


                      Ms. Trisha Banerjee with Ms. Sana Shaikh i/by Mr. Chaitanya
                            Bhandarkar, for the Petitioners.
                      Ms. Krina Gandhi with Mr. Chintan Pasad and Mr. Sameer Pandit
                            i/by Wadia Ghandy & Co., for the Respondent No.1.
                      Mr. Prasad Shenoy with Ms. Megha More and Ms. Juhi Bhayani
                            i/by BLAC Co., for the Respondent No.2-RBI.


                                            CORAM:      SUMAN SHYAM &
                                                        ADVAIT M. SETHNA, JJ.
                                            DATED:      2nd SEPTEMBER, 2026.
                      PC:-
                      1.     The Writ Petitioners have approached this Court by filing the

                      present Writ Petition with the following prayers:-

                             “In the circumstances, it is therefore most respectfully
                             prayed that this Hon'ble Court may graciously be
                             pleased to:

                             a. issue a writ of certiorari or any writ in the nature of
                             certiorari or any other appropriate writ, order or
                             direction under Article 226 of the Constitution of India
                             calling for the records and proceedings of the
PRIYA
RAJESH                       Respondent Bank which led to the passing of the
SOPARKAR
Digitally signed by
PRIYA RAJESH
SOPARKAR
                             Impugned Order dated 29th June 2024 (Exhibit A
Date: 2026.09.03
13:22:36 +0530
                             hereto) and after examining its legality and validity, be
                             pleased to quash and set aside the same;




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      b. declare the Impugned Order dated 29th June 2024
      (Exhibit A hereto) as being illegal, null and void, and
      ultra vires the RBI Master Circular dated July 1, 2015
      (Exhibit B hereto);

      c. that this Hon'ble Court be pleased to issue a writ of
      Prohibition, or a writ in the nature of Prohibition or
      any other appropriate writ, order or direction under
      Article 226 of the Constitution of India prohibiting the
      Respondent Bank from taking any action against the
      Petitioners pursuant to and/or in furtherance of and/or
      implementation of the Impugned Order dated 29 th
      June 2024 (Exhibit A hereto);

      d. pending the hearing and disposal of this Writ
      Petition, this Hon'ble Court be pleased to stay the
      effect, operation and implementation of and further
      proceedings in respect of the Impugned Order dated
      29th June 2024 (Exhibit A hercto);

      e. pending the hearing and disposal of the present
      Petition, this Hon'ble Court be pleased to restrain the
      Respondent No.1 from acting in furtherance of or
      taking any steps against the Petitioner in pursuance of
      the Impugned Order dated 29th June 2024 (Exhibit A
      hereto);

      f. For ad-interim relief in terms of prayer clause (d)
      and (e) above.

      g. For Costs

      h. Any further or other order or orders may be passed
      and/or directions may be given as to this Hon'ble
      Court may deem fit and proper.



2.    By referring to the averments made in the Writ Petition, Ms.

Trisha Banerjee, learned counsel appearing for the Petitioners has




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argued that her clients are primarily aggrieved on account of the

facts that certain vital documents, which are not in custody of the

Petitioners, at the relevant period of time could not be produced

before the Bank in support of their contention that the Petitioners

are not willful Defaulters. As such, submits Ms. Banerjee, the

impugned order dated 29th June, 2024 issued by the Identification

Committee of the Bank of Willful Defaulters, is bad in the eyes of

law. Hence, the same is liable to be set aside by this Court.


3.    Responding to the above submission Ms. Krina Gandhi,

learned counsel appearing for the Respondent No.1-HDFC Bank

submits that no final decision has been taken on the order dated

29th June, 2024 passed by the Identification Committee and the

matter is pending before the Review Committee, which is

examining the matter. As such, the Writ Petition is pre-mature.


4.     Ms. Krina Gandhi, learned counsel, however, submits that if

so desired, the Petitioners would be given adequate opportunity to

place documents that they seek to rely upon, including an

opportunity to be heard, before a final decision is taken by the

Review Committee.




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5.    Responding to the above, Ms. Trisha Banerjee, learned

counsel submits that if such a re-course is adopted, then her clients

would not have any objection to the process.


6.    In view of the above, we dispose of this Writ Petition by

providing that the Respondent No.1-Bank shall grant four weeks

time to the Petitioners to present all the relevant documents, which

they wish to rely upon, in support of their claims/contentions.


7.    Upon receipt of such documents, the Review Committee to

give an opportunity of personal hearing to the Petitioners or their

authorized representatives before taking a final decision in the

matter. Since the documents sought to be produced by the

Petitioner were not available before the Identification Committee,

is hereby provided that the Review Committee shall take an

independent view in the matter,       based on the material placed

before it, without being influenced by any observation of the

Identification Committee in its order dated 29th June, 2024.


8.    With the above directions, the Petition stands disposed of.



(ADVAIT M. SETHNA, J.)                         (SUMAN SHYAM, J.)
                                                                        {




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