Petitioners sought writ of mandamus to restrain respondents from declaring them wilful defaulters without a hearing. Court noted the bank had informed petitioners the WD process was closed. Petitions disposed of.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.Nos.9797 & 9801 of 2020 and W.M.P. Nos.11914 & 11916 of 2020
L&T Infrastructure Development Projects Ltd. P.O. Box No. 979, Mount Poonamallee Road Manapakkam, Chennai Tamil Nadu – 600 089 … Petitioner in W.P.No.9797 of 2020 L&T Chennai Tada Tollway Ltd. Registered office – PO Box no. 979, Mount Poonamallee Road, Manapakkam, Chennai – 600 089 … Petitioner in W.P. No.9801/2020 Vs. 1.IDBI Bank Ltd. IDBI Tower, WTC Complex Cuffe Parade Mumbai – 400 005 2.Reserve Bank of India 16, Rajaji Salai, Fort Glacis Chennai, Tamil Nadu 600001 ... Respondents 1 and 2 in both WPs 3.L&T Chennai Tada Tollway Ltd. Registered office – PO Box no. 979, Mount Poonamallee Road, Manapakkam, Chennai – 600 089 … 3rd Respondent in W.P. No.9797 of 2020 3. L&T Infrastructure Development Projects Ltd. Registered office - P.O. Box No. 979, Mount Poonamallee Road Manapakkam, Chennai Tamil Nadu – 600 089 … 3rd Respondent in W.P.No.9801 of 2020
Common Prayer in W.P. Nos.9797 & 9801 of 2020: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus restraining the respondents from initiating any coercive action, including but not limited to the measures specified in the 1st respondent's notice numbered IDBI/NMG/L&T/239 dated 29.6.2020 (received on 17.07.2020), on the basis of the allegation that the petitioner is a wilful defaulter, without affording adequate opportunity to the petitioner to file its representation/objections on or before 01.08.2020 and an opportunity of personal hearing, duly considering the same and passing appropriate orders in the manner known to law.
For Petitioners : Mr.Vishnu Mohan
These Writ Petitions have been filed for a mandamus to forbear the respondents from initiating any coercive action against the petitioners, pursuant to the first respondent's notice dated 29.06.2020 on the basis of the allegation that the petitioners are the wilful defaulters.
"Yes. Mr.Kapoor, the matter is closed. I understand that the WD process does not envisage a formal communication of closure, but you may treat the matter as closed. Please pursue with NHAI, so that moneys could be recovered and loan amount settled. Please advise me, if anything should be done from the Bank's side in this regard. Look forward to our continuing business relationship. Please drop by, if you are in this part of Mumbai".
the apprehension of the petitioners that they will be declared as wilful defaulters is no more applicable.
Sd/-
Assistant Registrar(C.O.)
/True Copy/
Sub Assistant Registrar
To
1. The IDBI Bank Ltd.
IDBI Tower,
WTC Complex
Cuffe Parade
Mumbai – 400 005
2.The Reserve Bank of India
16, Rajaji Salai,
Fort Glacis
Chennai.
AKM/10.03.21 /3P-3C/
W.P.Nos.9797 & 9801 of 2020
and
W.M.P. Nos.11914 & 11916 of 2020
23.02.2021
1 provisions across 1 enactments
L&T Infrastructure Development Projects Ltd.
L&T Chennai Tada Tollway Ltd.
IDBI Bank Ltd.
Reserve Bank of India
Abdul Quddhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
