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Calcutta High CourtWPA/13634/2024disposed

Rahul Bhattacharyya v. State Bank Of India And ORS.

2024-05-20Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD-16 Ct No.09 20.05.2024 TN WPA No. 13634 of 2024 Rahul Bhattacharyya Vs.

The State Bank of India and others Mr. Sakya Maity .... for the petitioner Mr. Debasis Saha .... for the SBI 1.

Affidavit-of-service filed today be kept on record. 2.

Learned counsel for the petitioner contends that the petitioner suffered from a huge fraud in transactions relating to the respondent-Bank and complained before the Ombudsman. However, the Ombudsman has not yet decided the complaint but is sitting tight over the matter. It is also submitted that on the complaint of the petitioner lodged with the Police, an investigation is going on in the matter.

3.

Learned counsel for the Bank submits that the Bank has no role to play in the alleged fraud.

4.

Be that as it may, in view of the limited prayer of the petitioner, it would not be prudent for the court to enter into the merits of the dispute and/or the allegation of fraud, which are countered by the Bank.

5.

WPA No. 13634 of 2024 is, thus, disposed of by directing the respondent no. 3-the Banking Ombudsman to decide

the complaint lodged by the petitioner with regard to the purported fraud which has been suffered by the petitioner at the earliest, positively within one month from the date of communication of this order to the Banking Ombudsman.

6.

For the purpose of compliance, the respondent no.3 shall act on the server copy of this order.

7.

There will be no order as to costs.

8.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)