Chandrasekharan Kamini v. Reserve Bank Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.9332 of 2021 ChandrasekharanKamini ... Petitioner Vs.

1. Reserve Bank of India represented by its Chief General Manager, Reserve Bank of India, 16th Floor, Central Office Building, ShahidBhagar Singh Marg, Mumbai-400001.

2. Asst. General Manager Foreign Exchange Dept., (CO Cell) Reserve Bank of India, New Delhi, Ext.2355, Ph:01123452355 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in his Gmail communication dated 10.09.2020 (impugned order) holding that the income from business/profit/capital appreciation cannot be termed as "current income" under para 4.7 of the Master Direction-14 (part-ii) issued by the first 1/4

respondent, quash the same and direct the respondents to include the income from business of proprietorship/profit within "current income" under para 4.7 of the Master Direction - 14 (part-ii). For Petitioner : Mr.S.Venkatesh For Respondents : No appearance

O R D E R

The Writ Petition is directed against the G-mail communication sent by the second respondent dated 10.09.2020 and for direction to the respondents to include the income from business of proprietorship/profit within "current income" under para 4.7 of the Master Direction-14 (part-ii).

2. When the matter is taken up for hearing today, the learned counsel appearing for the writ petitioner would submit that the first respondent has directed the writ petitioner to approach the second respondent-Bank and in pursuance of the same, the writ petitioner has approached the second respondent-Bank and explained the situation and that since the Bank authorities has accepted the explanation given by the writ petitioner that profit from the proprietorship/partnership firm is 2/4

current income, the writ petitioner may be permitted to withdraw the present writ petition with liberty to file a fresh writ petition if necessary and also filed a Memo dated 15.04.2024 to that effect. The above said Memo is recorded.

3. In view of the submission made by the learned counsel appearing for the writ petitioner, the writ petitioner is permitted to withdraw the present writ petition. Accordingly, this Writ Petition is dismissed as withdrawn. The writ petitioner is at liberty to take appropriate proceedings, if necessary. No costs. 17.04.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 3/4

K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.9332 of 2021 Dated : 17.04.2024 4/4