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Madras High CourtWP/24661/2016dismissed as infructuous

V.Venkata Siva Kumar, v. Bank Of Baroda

2022-11-08Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and WMP.No.21054 of 2016 V.Venkata Siva Kumar, Chartered Accountant, No.10/11 Dr.Subbarayan Nagar, Main Road, Kodambakkam, Chennai - 600 024.

... Petitioner in person Vs.

1. Bank of Baroda, Represented by the Chairman, & Managing Director, Head Office, Suraj Plaza 1, Sayaji Ganj, Baroda - 390 005.

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

3. Reserve Bank of India, Represented by Chief General Manager, & Secretary, 16th Floor, Central Office Building 1/5

Shahid Bhagat Singh Marg, Mumbai - 400 001.

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

5. Shri. P.S.Jai Kumar, Chartered Accountant, Bandra (East), Mumbai - 400 051.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to forbear the respondents 1 & 2 from going ahead with the decision to award the concurrent audit assignments for the successful bidder as per the tender notification issued by the respondent 1 vide http://www.bankofbaroda.com/TenderFile/Final Concurrent Audit REF.Ref: REP:CIAD:108/4 pdf dated June 30, 2016 and further direct the respondent 1 to constitute a committee of experts in the area of banking, finance and audit in consultation with respondents 3 & 4 for studying the proposed tendering process and make suitable recommendation as the present notification http://www.bankofbaroda.com/TenderFile/Final Concurrent Audit REP.Ref : REP:CIAD:108/4 pdf dated June 30, 2016 against the public interest, arbitrary, restrictive, un reasonable and violative of Article 14 of constitution and made with malicious intention and it is against the law settled by the Honourable Supreme Court in International Airport Case AIR 1628, 1979 SCR (3) 1014.

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Petitioner in Person : No appearance For Respondent No.1 : Mr.Aashish Dafaria For Respondent No.3 : Mr.C.Mohan for King & Patridge For Respondent No.4 : Mr.P.R.Renganath - - - - -

O R D E R

Today, this Writ Petition has been listed under the caption "for Default Cases". When this matter was taken up for hearing, there was no representation for the petitioner. The learned counsel appearing for the first respondent submitted that the matter has become infructuous. The said statement made by the learned counsel appearing for the first respondent is recorded.

2. Such view of the matter, this writ petition is dismissed as become infructuous. Consequently, the connected miscellaneous petition is closed. No costs.

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To

1. The Chairman & Managing Director, Bank of Baroda, Head Office, Suraj Plaza 1, Sayaji Ganj, Baroda - 390 005.

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

3. Chief General Manager & Secretary, Reserve Bank of India, 16th Floor, Central Office Building Shahid Bhagat Singh Marg, Mumbai - 400 001.

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

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N.SATHISH KUMAR, J.

kk W.P.No.24661 of 2016 and WMP.No.21054 of 2016 08.11.2022 5/5