M/S. Uniworth Ltd., Nagpur Through Its Mr. Suman Bhai Patel S/O Late Bhana Patel And Anothers v. Axis Bank Ltd., Nagpur Through Branch Manager And Anothers

WP4563-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Writ Petition No.4563/2014 (M/s Uniworth Ltd. Nagpur, Acting through its Authorized Representative and another .vs. Axis Bank Ltd. Nagpur through Branch Manager and another. ) ------------------------------------------------------------------------------------------------------------- --- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. Anand Jaiswal, Senior Advocate with Mr. A.H. Lohiya & Mr. R.M. Tahaliyani, Advocates for Petitioners.

Mr. Subodh Dharmadhikari, Senior Advocate with Mr. Rahul D. Dharmadhikari, Advocate for Respondent no.1.

CORAM : B.R. Gavai & Mrs. Mridula Bhatkar, JJ.

DATED : February 10, 2015.

The learned senior counsel Mr. Anand Jaiswal appearing for the petitioners, after arguing the matter for some time, submits that since the order passed by the learned Ombudsman of the Reserve Bank of India has been passed without giving an opportunity of hearing to the petitioners, the matter be remanded to the learned Ombudsman of the respondent no.2 with a direction to give an opportunity to the petitioners and respondent no.1 and pass an appropriate order in accordance with the law.

Since the relief sought is of innocuous nature, we are inclined to grant the same. The order passed by the learned Ombudsman dated 29.05.2014 is quashed and set aside. The learned Banking Ombudsman is directed to give an opportunity of hearing to the petitioners as well as respondent no.1 and pass the

WP4563-14.odt appropriate orders in accordance with the law. The same shall be done within a period of six weeks from today.

JUDGE JUDGE halwai