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Madras High CourtWP/19229/2020dismissed

K.M.Panneerselvam v. The Reserve Bank Of India

2024-01-08Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.23815 of 2020 1.KM Panneerselvam 2.MP Mohansundar 3.KM Panneerselvam Cloth Merchants, Door No.9/6, Block No.10, Thillai Nagar, Erode - 638 001.

Represented by Mr.KM Paneerselvam ... Petitioners Vs.

1.The Reserve Bank of India, 16th Floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai - 400 001.

2.Development Credit Bank Limited [DCB Bank], Door No.248, 1st Floor, CN Building, Avarampalayam Road, Sidhapudur, Coimbatore - 641 044.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, calling upon the 1st respondent to mandate the 2nd respondent to follow / abide the Notifications DOR.No.BP.BC.47/21. 04.048/2019-20 dated 27.03.2020 and DOR.No.BP.BC.72/21.04.048/2019 -20 dated 23.05.2020 and consequently grant the benefits of the aforesaid debt relief packages to the petitioners.

For Petitioner : Mr.S.Manoj Kumar For R1 : Mr.C.Mohan For M/s. King and Partridge For R2 : No Appearance

O R D E R

The Reserve Bank of India (RBI) notification dated 27.03.2020 and DOR dated 23.05.2020 are under challenge in the present writ petition.

2. It is brought to the notice of this Court that the issues relating to the said notifications were adjudicated by the Apex Court and no more res integra. The judgment was delivered by the Hon'ble Supreme Court of India in the case of Small Scale Industrial Manufacturers Association (Registered) vs. Union of India and Others reported in (2021) 8 SCC 511.

3. In view of the decision (cited supra), no further adjudication needs to be entertained and consequently, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 08.01.2024 Jeni Index : Yes Speaking order To The Reserve Bank of India, 16th Floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai - 400 001.

S.M.SUBRAMANIAM, J.

Jeni 08.01.2024