S.S.Mukthar Ahmed, v. Reserve Bank Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2025 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN W.P.No.11415 of 2024 S.S.Mukthar Ahamed ..
Petitioner Vs.
1. Reserve Bank of India rep. by Central Board of Directors 16 th Floor, New Central Office Building Shahid Bhagat Singh Road, Fort Mumbai, Maharashtra 400 001.
2. Reserve Bank of India Rep. by Regional Director Fort Glacis, 16 Rajaji Road Fort St. George Chennai 600 001.
3. The Director Director of Vigilance and Anti-Corruption 293, MKN Road, Collector Nagar Alandur, Chennai 600 016.
4. The Authorised Officer City Union Bank Credit Recovery and Management Department Administrative Office No.24-B, Gandhi Nagar Kumbakonam 612 001.
..
Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1 st and 2nd respondents particularly 2nd respondent to take action against the 4th respondent for the illegal auction conducted on 20.12.2023 which is against the SARFAESI Act. For Petitioner :
Mr.Srinath Sridevan Senior Counsel For Mr.R.Ravikiran For Respondents :
Mr.S.Raghunathan For Mr.T.Poornam for Respondents 1 & 2 Mr.A.Gokulakrishnan Additional Public Prosecutor for Respondent-3
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Mr.Raghunathan appearing for respondents 1 and 2, on instructions,
states that petitioner had never lodged a complaint with the Reserve Bank of India. Reserve Bank of India received a communication from respondent No.3 and Reserve Bank of India had primarily forwarded the communication to Ombudsman of respondent No.4 and the Ombudsman has passed orders therein.
2. Shri. Sridevan submitted that the Ombudsman has closed the complaint on various grounds, including the fact that petitioner was not its customer.
3. In our view, interest of justice will be met if Reserve Bank of India is directed, which we hereby do, to treat this petition as a representation and pass orders in accordance with law, after following the principles of natural justice. It is open to Reserve Bank of India to give notice to respondent No.4 and respondent No.4 may respond to the notice. Before passing an order, which shall be reasoned, personal hearing may be given to petitioner as well as respondent No.4, notice whereof shall be communicated at least five working days in advance. All rights and
contentions are kept open.
4. Petition is disposed. We hasten to add that we have not made any observation on the merits of the matter. There shall be no order as to costs. (K.R.SHRIRAM, CJ) (SUNDER MOHAN,J.) 02.07.2025 Index :
Yes/No :
Yes/No kpl To
1. Reserve Bank of India rep. by Central Board of Directors 16 th Floor, New Central Office Building Shahid Bhagat Singh Road, Fort Mumbai, Maharashtra 400 001.
2. Reserve Bank of India Rep. by Regional Director Fort Glacis, 16 Rajaji Road Fort St. George, Chennai 600 001.
3. The Director Director of Vigilance and Anti-Corruption
293, MKN Road, Collector Nagar Alandur, Chennai 600 016.
4. The Authorised Officer City Union Bank Credit Recovery and Management Department Administrative Office No.24-B, Gandhi Nagar Kumbakonam 612 001.
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN ,J.
(kpl) W.P.No.11415 of 2024 02.07.2025