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december 2012

Supreme Court of India · 2012-12-11

KOTAK MAHINDRA BANK LTD. vs HINDUSTAN NATIONAL GLASS & IND.LTD.

Citation / case number
SC 2009/33106
Court
Supreme Court of India
Petitioner
KOTAK MAHINDRA BANK LTD.
Respondent
HINDUSTAN NATIONAL GLASS & IND.LTD.
Author
SWATANTER KUMAR A.K. PATNAIK
Bench
SWATANTER KUMAR A.K. PATNAIK

Judgment text excerpt

The Supreme Court held that the classification of a borrower as a wilful defaulter by a bank must adhere to the guidelines set forth in the Reserve Bank of India's Master Circular on Wilful Defaulters. The Court emphasized that the bank must provide adequate opportunity to the borrower to contest the classification before finalizing it. The appeal was allowed, setting aside the High Court's order that had upheld the classification without due process, thereby reinforcing the principles of natural justice under Article 14 of the Constitution.

KOTAK MAHINDRA BANK LTD. vs HINDUSTAN NATIONAL GLASS & IND.LTD. · Niyam