Bombay High Court Overturns Union Bank's Fraud Classification of Businessman's Account
HC: Union Bank’s fraud tag invalid without show cause notice

Image: Hindustan Times
The Bombay High Court has overturned Union Bank of India's classification of Kamlesh Kanungo's account as fraudulent, citing a lack of due process. The court emphasized the necessity of a show-cause notice and a hearing before such actions, allowing the bank to reinitiate the process under revised Reserve Bank of India guidelines.
- 01The court ruled that Union Bank violated principles of natural justice by not providing a hearing before declaring the account fraudulent.
- 02Kanungo's account was classified as fraudulent on September 9, 2020, without a show-cause notice.
- 03Union Bank's investigation found ₹21.80 crore was allegedly misappropriated between 2008 and 2018.
- 04The court referenced revised Reserve Bank of India guidelines from July 15, 2024, mandating notice and hearing before fraud classification.
- 05The court allowed Union Bank to initiate new proceedings under the updated RBI framework.
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The Bombay High Court has quashed Union Bank of India's decision to label Kamlesh Kanungo's account as fraudulent, highlighting the bank's failure to adhere to principles of natural justice. The ruling, delivered by Justices Bharati Dangre and Manjusha Deshpande on May 7, emphasized that Kanungo was not given a show-cause notice or an opportunity to respond before the classification on September 9, 2020. The case involves allegations that Union Bank was defrauded of ₹21.80 crore from 2008 to 2018, leading to a First Information Report (FIR) against Kanungo in May 2023. The bank's forensic audit revealed significant withdrawals from Kanungo's personal account and irregularities in the routing of the company's turnover. The court underscored the importance of compliance with natural justice before taking adverse actions against borrowers. Additionally, it referred to the revised guidelines from the Reserve Bank of India (RBI), which require banks to provide notice and a hearing prior to declaring accounts fraudulent. The court's ruling allows Union Bank to initiate fresh proceedings under these updated guidelines, ensuring due process is followed.
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This ruling reinforces the need for banks to follow due process, potentially protecting borrowers from wrongful classifications.
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