24 WP 4263-24-OS.DOC Priya Soparkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4263 OF 2024 Urvil Akshaya Jani and anr. …Petitioners Versus HDFC Bank Limited and anr. …Respondents Ms. Trisha Banerjee with Ms. Sana Shaikh i/by Mr. Chaitanya Bhandarkar, for the Petitioners. Ms. Krina Gandhi with Mr. Chintan Pasad and Mr. Sameer Pandit i/by Wadia Ghandy & Co., for the Respondent No.1. Mr. Prasad Shenoy with Ms. Megha More and Ms. Juhi Bhayani i/by BLAC Co., for the Respondent No.2-RBI. CORAM: SUMAN SHYAM & ADVAIT M. SETHNA, JJ. DATED: 2nd SEPTEMBER, 2026. PC:- 1. The Writ Petitioners have approached this Court by filing the present Writ Petition with the following prayers:- “In the circumstances, it is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to: a. issue a writ of certiorari or any writ in the nature of certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the records and proceedings of the Respondent Bank which led to the passing of the Impugned Order dated 29th June 2024 (Exhibit A hereto) and after examining its legality and validity, be pleased to quash and set aside the same; PRIYA RAJESH SOPARKAR Digitally signed by PRIYA RAJESH SOPARKAR Date: 2026.09.03 13:22:36 +0530 24 WP 4263-24-OS.DOC b. declare the Impugned Order dated 29th June 2024 (Exhibit A hereto) as being illegal, null and void, and ultra vires the RBI Master Circular dated July 1, 2015 (Exhibit B hereto); c. that this Hon'ble Court be pleased to issue a writ of Prohibition, or a writ in the nature of Prohibition or any other appropriate writ, order or direction under Article 226 of the Constitution of India prohibiting the Respondent Bank from taking any action against the Petitioners pursuant to and/or in furtherance of and/or implementation of the Impugned Order dated 29th June 2024 (Exhibit A hereto); d. pending the hearing and disposal of this Writ Petition, this Hon'ble Court be pleased to stay the effect, operation and implementation of and further proceedings in respect of the Impugned Order dated 29th June 2024 (Exhibit A hercto); e. pending the hearing and disposal of the present Petition, this Hon'ble Court be pleased to restrain the Respondent No.1 from acting in furtherance of or taking any steps against the Petitioner in pursuance of the Impugned Order dated 29th June 2024 (Exhibit A hereto); f. For ad-interim relief in terms of prayer clause (d) and (e) above. g. For Costs h. Any further or other order or orders may be passed and/or directions may be given as to this Hon'ble Court may deem fit and proper. 2. By referring to the averments made in the Writ Petition, Ms. Trisha Banerjee, learned counsel appearing for the Petitioners has 24 WP 4263-24-OS.DOC argued that her clients are primarily aggrieved on account of the facts that certain vital documents, which are not in custody of the Petitioners, at the relevant period of time could not be produced before the Bank in support of their contention that the Petitioners are not willful Defaulters. As such, submits Ms. Banerjee, the impugned order dated 29th June, 2024 issued by the Identification Committee of the Bank of Willful Defaulters, is bad in the eyes of law. Hence, the same is liable to be set aside by this Court. 3. Responding to the above submission Ms. Krina Gandhi, learned counsel appearing for the Respondent No.1-HDFC Bank submits that no final decision has been taken on the order dated 29th June, 2024 passed by the Identification Committee and the matter is pending before the Review Committee, which is examining the matter. As such, the Writ Petition is pre-mature. 4. Ms. Krina Gandhi, learned counsel, however, submits that if so desired, the Petitioners would be given adequate opportunity to place documents that they seek to rely upon, including an opportunity to be heard, before a final decision is taken by the Review Committee. 24 WP 4263-24-OS.DOC 5. Responding to the above, Ms. Trisha Banerjee, learned counsel submits that if such a re-course is adopted, then her clients would not have any objection to the process. 6. In view of the above, we dispose of this Writ Petition by providing that the Respondent No.1-Bank shall grant four weeks time to the Petitioners to present all the relevant documents, which they wish to rely upon, in support of their claims/contentions. 7. Upon receipt of such documents, the Review Committee to give an opportunity of personal hearing to the Petitioners or their authorized representatives before taking a final decision in the matter. Since the documents sought to be produced by the Petitioner were not available before the Identification Committee, is hereby provided that the Review Committee shall take an independent view in the matter, based on the material placed before it, without being influenced by any observation of the Identification Committee in its order dated 29th June, 2024. 8. With the above directions, the Petition stands disposed of. (ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.) {