1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 949 OF 2009 V. Hotels Ltd., and Another .. Petitioners. V/s. Vijaya Bank .. Respondent. --- Ms. Rajani Iyer, Sr. Advocate with Mr. Aman Varma i/by M/s. Paras Kuhad & Associate for the Petitioners. Ms. Kavita Anchan i/by M.V. Kini & Co. for the Respondent. --- CORAM : F.I. REBELLO AND C.L.PANGARKAR, JJ. DATED : 18TH JANUARY, 2010 P.C. : 1. Rule. Heard forthwith. 2. The Petitioners are aggrieved by the show cause notice dated 06.04.2009 whereby they are sought to be treated as wilful defaulters. The consequence of being treated as defaulters has its own civil consequences. The petitioners have replied to the said show cause notice by their communication dated 21st of April, 2009. One of the contentions raised is that considering the guidelines as framed for defaulter, defining a person as wilful defaulter, the petitioners herein, cannot be termed as defaulter. It appears that thereafter, no order has been passed considering that 2 the matter is pending in this court. 3. Ordinarily, we would not have exercised our jurisdiction as the Respondents are yet to decide their stand in the light of the show cause notice but in our opinion in the absence of any material contained in the show cause notice dated 06.04.2009 it will be extremely difficult for the Petitioners to reply to the said communication. Considering the above, in our opinion it would be open to the Respondents either to withdraw the show cause notice dated 06.04.2009 or issue a supplementary notice to the notice dated 06.04.2009 elaborating the grounds on which the persons i.e. the petitioners can be treated as defaulters in terms of the definition of wilful defaulters as set out in para 2.1 of the guidelines issued by the Reserve Bank of India in respect of classification of Wilful Defaulters. The entire action should be taken within three weeks from today and till then or replied by the Respondents, the Petitioners not to be treated as defaulters. 4. Rule is made absolute accordingly with no order as to costs. (C.L. PANGARKAR,J.) (F.I. REBELLO,J.)