V.Venkata Siva Kumar, v. Bank Of Baroda
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.01.2022
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.24082 of 2017 and W.M.P.No.25399 of 2017 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 Mr.P.S.Jaya Kumar The Chairman & Managing Director Head Office, Suraj Plaza 1, Sayaji Ganj, Baroda 390005.
2.Audit Committee Represented by its Chairman Baroda Corporate Centre, Plot No.C-26, Block G, Bandra Kurla Complex, Bandra (East), Mumbai 400 051.
3.Institute of Chartered Accountants of India represented by the Secretary, ICAI Bhawan, Indraprastha Marg, Post Box - 7100, New Delhi - 110002.
4.G.Balu and Associates, represented by Mr.CA Ravishankar, No.4A, Venkatesa Agraharam, 1st floor, B-Block, Mlapore, Chennai - 600 004.
... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of declaration that the request for proposal dated 30.06.2016 http://WWW.bankofbaroda.com/TenderFile/Final-Concurrent-AuditRFP.Ref: RFP:CIAD:108/4 pdf dated 30.06.2016 issued by the respondents 1 & 2 is ultra virus Null and void violating the terms and conditions laid down and further issue any other direction in the nature of writ to the respondents 1 and 2 to
issue a new RFP effective from 1st April 2016. For Petitioner : No appearance For R1 : Mr.Edward Jamesh For R2 : Notice sent service awaited For R3 : Mr.P.R.Ranganath For R4 : Mr.Vignesh Sekar For M/s.Prasad Vijaya Kumar
O R D E R
When the matter is taken up for hearing today, none appeared for the petitioner.
2. The learned counsel appearing for the respondents submitted that the reference for proposal was issued by the respondents 1 and 2 on 30.06.2016. The same was challenged by the petitioner stating that the reference proposal is ultra vires and violating the terms and conditions. However, the learned counsel for the respondents submitted that by virtue of the RFP, the first and respondent / Bank have appointed the Concurrent Auditors. Therefore, the prayer in this writ petition will become infructuous.
3. In view of the submissions made by the learned counsel for the respondents, the prayer in this writ petition will become infructuous and that may be the reason, the petitioner has not appeared before this Court to represent their case.
4. Accordingly, the writ petition stands dismissed for nonprosecution. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar Pns
To 1.P.S.Jaya Kumar, The Chairman & Managing Director, Bank of Baroda Head Office, Suraj Plaza 1, Sayaji Ganj, Baroda 390005.
2.The Chairman, Audit Committee, Baroda Corporate Centre, Plot No.C-26, Block G, Bandra Kurla Complex, Bandra (East), Mumbai 400 051.
3.The Secretary, Institute of Chartered Accountants of India ICAI Bhawan, Indraprastha Marg, Post Box - 7100, New Delhi - 110002.
W.P.No.24082 of 2017 PCH(CO) GMY(04/03/2022)