Hyderabad: Justice S. Nanda of the Telangana High Court allowed a writ petition filed by Ritesh Kumar and others challenging the action of the SBI in declaring them wilful defaulters. The petitioners, promoters of Rajvir Industries, said the SBI had moved an application for an insolvency resolution process against the company. The bank also issued a showcause notice citing the petitioner as a wilful defaulter as determined by an identification committee. The petitioner sought a copy of the forensic audit report, which was refused as being confidential. It was the case of the petitioner that being declared wilful defaulter was a matter of serious civic consequence and the procedure followed by the bank was in utter violation of the petitioner’s fundamental rights. It was further the case of the petitioners that they did not receive any order issued by the wilful defaulter review committee, which did not apply its mind independently. Referring to the verdict of the Supreme Court in a similar matter, Justice Nanda echoed the observations of the apex court which had said “declaration of account as fraud observed that principles of natural justice demand that the borrowers must be served a notice given an opportunity to explain the findings in the forensic audit report (FAR) before the account is declared as fraud. This indicates that the forensic audit report must be necessarily supplied to the borrower prior to declaring an account as fraud. This court in principle opines that the same principles of natural justice need to be necessarily followed prior to declaring the petitioners as defaulters or willful defaulters and the petitioners should be furnished with a copy of the FAR.”
BH liquor shop under HC scrutiny
The alleged illegal construction of Tales over Spirits, an uptown liquor outlet, came up for scrutiny before the Telangana High Court. Hearing a writ petition field by Konda Chandrashekar, a businessman from Pragatinagar, Justice T. Vinod Kumar directed the GHMC to consider the grievance of the petitioner and act in accordance with law. The petitioner was aggrieved by the civic authorities winking at the alleged unauthorised constructions raised by Tales over Spirit on Road No. 3 Banjara Hills without securing building permission. It was also contended that the construction was in violation of the Telangana Municipalities Act and the TS-bPASS Act. It also violated the petitioner's connotational right to property, it is alleged.
HC focus on schools in residential area
Justice C.V. Bhaskar Reddy of the Telangana High Court required the state authorities to examine the charge that residential plots were converted into a commercial space at Alwal. The judge passed the interim order while dealing with a writ plea filed by Sri Siddi Vinayaka Nagar Residents Welfare Association complaining that respondents were proceeding to construct a school in the area. It is said that Mitta Ramakrishna, president of Isha Educational Society, Raju Sangani, the founder and chairman of Masterminds School and Mannava Venkata Sharat Chandra were proceeding with the construction without a feasibility report or permission.
