V.Venkata Siva Kumar, v. Bank Of Baroda

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.14924 & 14925 of 2016 V.Venkata Siva Kumar Chartered Accountant ... Petitioner in both W.Ps.

Versus

1.The Bank of Baroda, Represented by the Executive Director, Head Office, Suraj Plaza 1, Sayaji Ganj, Baroda - 390 005.

2.The Audit Committee, Rep. by its Chairman, Bandra (East), Mumbai - 400 051.

3.The Reserve Bank of India, Rep. by Chief General Manager and Secretary, Secretary's Department, Reserve Bank of India, 16th Floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai-400 00.

4.Chief Vigilance Commissioner, Satarkata Bhavan, A-Block, GPO Complex, INA, New Delhi - 110 023.

5.The Director, Central Bureau of Investigation, Plot No.5-B, 10th Floor, B-Wing, CGO Complex, New Delhi - 110 003.

6.P.S.Jai Kumar, Managing Director & Chief Executive Officer, Bandra (East) Mumbai - 400 051.

7.Usha Narayanan Bandra (East) Mumbai - 400 051.

8.Institute of Chartered Accountants of India, Represented by the Secretary, ICAI Bhawan, Indraprastha Marg, Post Box - 7100, New Delhi - 110 002.

... Respondents in both W.Ps.

Prayer in W.P.No.14924/2016: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the central vigilance commission or any such independent enquiry committee to investigate and unravel the irregularities, conspiracy and criminal breach of trust, if any, by respondents 1, 2, 6 & 7 and report the same to this Court for further action.

Prayer in W.P.No.14925/2016: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus forbearing the first respondent for going ahead with the decision to award the concurrent audit assignments for the successful bidder as per the tender notification issued by the first respondent vide http://www.bankofbaroda.com/TenderFile/Final_Concurrent_Audit_RF P.pdf dated 31.03.2016 and further direct the first respondent to constitute a committee of experts in the area of banking, finance and audit in consultation with respondents 3 & 8 for studying the proposed tendering process and make suitable recommendation as the present notification http://www.bankofbaroda.com/TenderFile/Final_ Concurrent_Audit_RFP.pdf dated 31.03.2016 is against the public interest and violative of Article 14 of our constitution.

(In both W.Ps.) For Petitioner : Mr.V.Venkatasivakumar - No appearance Party-in person (In both W.Ps.) For R1 : Mr.Cyril Amarchand Mangaldas, For R8 : Mr.P.R.Renganath For RR2 to 7 : Served - No appearance COMMON ORDER When the matter was taken up for hearing on 08.02.2019, there was no representation for the petitioner. Hence, the matter was directed to be posted on 26.02.2019. Even when the matter was listed on 26.02.2019, there was no representation for the petitioner. Hence, the Registry was directed to list the matter on 27.02.2019 under the caption 'for dismissal'. 2.

Even today (27.02.2019), when the matter is listed under the caption 'for dismissal', there is no representation for the petitioner either in person or through counsel. Hence, these Writ Petitions are dismissed for non prosecution. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar srn To 1.The Executive Director The Bank of Baroda, Head Office, Suraj Plaza 1, Sayaji Ganj, Baroda - 390 005.

2.The Chairman, The Audit Committee, Bandra (East), Mumbai - 400 051.

3.The Chief General Manager and Secretary, The Reserve Bank of India, Secretary's Department, 16th Floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai.

4.Chief Vigilance Commissioner, Satarkata Bhavan, A-Block, GPO Complex, INA, New Delhi - 110 023.

5.The Director, Central Bureau of Investigation, Plot No.5-B, 10th Floor, B-Wing, CGO Complex, New Delhi - 110 003.

6.The Secretary, Institute of Chartered Accountants of India, ICAI Bhawan, Indraprastha Marg, Post Box - 7100, New Delhi - 110 002.

+1cc to Mr.R.Raghavan, Advocate Sr.18413 W.P.Nos.14924 & 14925 of 2016 vd[co] srg 02/04/2019