Hanumant Shivaji Shinde v. Reserve Bank Of India Through Its Consumer Education And Protection Cell And ORS

17-WP-1097-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1097 OF 2021 Hanumant Shivaji Shinde )...Petitioner V/s.

Reserve Bank of India and Others )...Respondents Ms. Roshni Bhandary i/b. Bhandary & Bhandary, Advocate for the Petitioner.

Mr. Suresh Shah, Advocate for the Respondent No.2. Mr. Nikhil Rajani i/b. M/s. V. Deshpande & Co., Advocate for the Respondent No.3.

Mrs. Shruti Vyas, 'B' Panel Counselfor the Respondent-State. CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ.

DATE : 3 JANUARY 2023 P.C.

The Petitioner has challenged the response given to the Petitioner's complaint by the Reserve Bank of India on 7 February 2020.

To a query as to whether any statutory provision permits the Petitioner to make a complaint which the Reserve Bank of India is obliged to adjudicate, the learned Counsel for the AVK 1/2 Digitally signed by ARTI VILAS KHATATE Date:

2023.01.07 12:50:55 +0530 ARTI VILAS KHATATE

17-WP-1097-2021.doc Petitioner states that the Reserve Bank of India has an over all superintendence. Having an over all superintendence in the interest of Banking is different from entertaining an individual grievance pursuant to a statutory provision. Since, no such statutory provision is shown to us, we are not inclined to invoke the writ jurisdiction to issue any direction to the Reserve Bank of India. As regards the availing of the statutory remedy by the Petitioner against the Respondent No.2-Bank is concerned, the learned Counsel for Respondent No.2-Bank states that the Petitioner has already approached various fora for the individual grievance of the Petitioner. This fact is not disputed.

Writ Petition is rejected.

The proceedings between the Petitioner and the Respondent No.2 Bank, which are already filed and pending, would be decided on their own merits.

(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) AVK 2/2