Being administrative committees, elaborate judgments are not required or expected from the Wilful Defaulters Identification Committee (First Committee) and Review Committee | Even if CIRP commences, the Directors who were the masterminds in control and charge of affairs of the Company at the relevant juncture, cannot be absolved of any wilful default committed by the borrower at the relevant juncture – Gouri Prasad Goenka Vs. State Bank of India and Ors. – Calcutta High Court

Hon'ble High Court held that the writ petition has been preferred against an order passed by the Review Committee (RC) of the Bank, affirming the declaration of Wilful Defaulter of the petitioner. It is contended that the petitioner used to have business of Tea Gardens. It is argued that in none of the Committee Orders, any cogent ground has been made out under the Master Circular of the Reserve Bank of India (RBI) for declaration of Wilful Defaulters. It is argued that the RC, without returning its independent findings, has mechanically repeated the decision of the Wilful Defaulters Identification Committee (First Committee).

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