Madras High CourtWP/16337/2020disposed of

R.Govindaraj v. The Non Banking Financial

2020-11-20Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.11.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.16337 of 2020 (Heard through VC) R.Govindaraj ..Petitioner -vs1. The Non Banking Financial Company Ombudsman, Reserve Bank of India, Fort Glacis, Chennai - 600 001.

2. Sakthi Finance Limited, Rep. by its Manager, No.97, 2nd Floor, 1st West Main Road, Gandhi Nagar, Vellore - 632 006.

..Respondents Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the 1st respondent to expeditiously conduct an enquiry on the basis of the complaint of the petitioner dated 21.09.2020 by affording a personal hearing and to conclude the same with a time limit. For Petitioner : Ms.H.Kalpana

O R D E R

The prayer sought for in this writ petition is for a direction to the first respondent to expeditiously conduct an enquiry on the basis of the complaint of the petitioner dated 21.09.2020 by affording a personal hearing and to conclude the same within a time limit.

2. The petitioner has sent the complaint to the first respondent on 21.09.2020 by registered post, which is said to have been received on 24.09.2020. The writ petition is filed on 02.11.2020 seeking a mandamus to the first respondent to expeditiously conduct the enquiry based on the said complaint.

3. Even according to the petitioner, he should be afforded an opportunity of personal hearing and notice has to be issued to the second respondent, after which, the enquiry can be conducted. Without even waiting for time allowance, the petitioner has rushed to this Court seeking a mandamus. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the anxiety of the petitioner, this Court, without expressing any opinion on the merits of the case, directs the first respondent to take up the complaint of the petitioner dated 21.09.2020 as expeditiously as possible, enquire into the same and pass appropriate orders on merits and in accordance with law, after issuing notice to the petitioner as well as the second respondent herein and by affording them an opportunity of personal hearing or virtual hearing or otherwise, considering their written objections and after verifying the relevant documents.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Non Banking Financial Company Ombudsman, Reserve Bank of India, Fort Glacis, Chennai - 600 001.

+1cc to Mr.P.G.Thiyagu, Advocate, S.R.No.37458 W.P.No.16337 of 2020 VG-II(CO) RV(14/12/2020) https://hcservices.ecourts.gov.in/hcservices/