Declaring Non-Executive Woman Director of a Company as willful defaulter without issuing separate notice, the High Court quashes – Manjula Bhatia Vs. Bank of Baroda and Ors. – Bombay High Court
Respondent No.1 issued the impugned order dated 16 July 2018, declaring the Petitioner a willful defaulter without issuing any notice. The impugned letter is almost non-speaking and does not consider the circumstance that no notice was issued to the Petitioner. Thus, this is a case of failure of natural justice. There is no finding that the circumstances spoken of in clause 3(d) of the master circular were fulfilled in the case of the petitioner, who was admittedly a non-whole-time woman director. These are sufficient grounds to quash the impugned letter dated 16.07.2018.