← Library
Madras High CourtWP/24876/2021disposed of

P.Senthil Kumar v. The Reservie Bank Of India

2021-12-08Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.24876 OF 2021 P.Senthil Kumar ... Petitioner .Vs.

1. The Reserve Bank of India No.16, Fort Glacis, Chennai - 600 001.

2. The Banking Ombudsman, Reserve Bank of India No.16, Fort Glacis, Chennai - 600 001.

3. The Manager Canara Bank, Perundurai Branch, No.123, Old Bus Stand Road, Perundurai, Erode District - 638 052.

4. P.Vijayalakshmi

5. Nandhakumar ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 2nd respondent to dispose the complaint dated 26.11.2020 given by the petitioner within a stipulated time as fixed by this Honourable Court.

For Petitioner : Mr.Vijaya Basker For Respondent-3 : Mr.S.R.Sumathy For Respondents :

No Appearance R1, R2, R4 & R5

O R D E R

The petitioner has filed this petition seeking direction to the 2nd respondent to dispose the complaint dated 26.11.2020 given by the petitioner within a stipulated time as fixed by this Honourable Court.

2. The case of the petitioner is that he is running a company viz., Yazhini Traders and supplier of Bitumen, thaar to the road contractors. The respondents 4 & 5 are customers of the petitioner. After purchasing materials from the petitioner, the respondents 4 & 5 issued cheques to the petitioner and the same was presented before third respondent Bank. After depositing the said cheque. the third respondent has approved and passed the cheques and the money credited to his account. When the petitioner went for withdrawal of the same, after seeking the message, he came to know that the crediated cheque amount was reversed by the third respondent Bank on the intervention and influence made by the respondents 4 & 5. Hence, the petitioner made a complaint to the respondents dated 03.07.2020. On receipt of the such complaint, on 31.07.

2020, the second respondent has been given explanation regarding reversal of money. Again, on 26.11.2020, the petitioner sent a detailed complaint to the second respondent. Till date, the said complaint is pending, the petitioner has filed the present writ petition before this Court seeking appropriate relief.

3. The learned counsel for the petitioner submitted that this Court may issue direction to the second respondent to consider the complaint made by the petitioner dated 26.11.2020 within the stipulated time as fixed by this Court.

4. The learned Standing Counsel appearing for the respondents submitted that the complaint dated 26.11.2020 made by the petitioner will be considered and the orders will be passed in accordance with law within the stipulated time as fixed by this Court.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, this Court directs the second respondent to consider the petitioner's complaint dated 26.11.2020 and take appropriate

action on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rli To 1.

The Reserve Bank of India No.16, Fort Glacis, Chennai - 600 001.

2.

The Banking Ombudsman Reserve Bank of India No.16, Fort Glacis, Chennai - 600 001.

3.

The Manager, Canara Bank, Perundurai Branch, No.123, Old Bus Stand Road, Perundurai, Erode District - 638 052.

+1cc to M/s.Law Vision, Advocate, S.R.No.65623 W.P.NO.24876 OF 2021 BR(CO) PBS/28/12/2021