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Calcutta High CourtWPA/13746/2025disposed

Swarup Dey @ Swarup De And ORS. v. Union Of India And ORS.

2025-09-11Hon'Ble Justice Amrita Sinha2 pages

11-09-2025 Item No.9 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.13746 of 2025 Swarup Dey @ Swarup De & Ors.

-vsThe Union of India & Ors.

Mr. Sourov Mondal Mr. Arijit Bhuiya Mr. Rony Mondal ...for the petitioners Mr. Bibekananda Sinha Roy ...for Union of India Mr. Ayan Banerjee Mr. Aviroop Bhattacharya ...for the State Ms. Suchismita Ghosh Chatterjee ...for RBI 1.

The petitioners are aggrieved by the unilateral closure of complaint made by them before the banking Ombudsman under clause 16(2)(b) of the Reserve Bank Integrated Ombudsman Scheme, 2021.

2.

The petitioners admit that the complaint was made for compensation amount which the Ombudsman does not have the authority to direct payment. The petitioners seek leave to file a fresh complaint.

3.

Learned counsel for the Ombudsman submits, upon instructions, that the closure of complaint clearly mentioned that the petitioners would be at liberty to file a fresh complaint within the limits of the Ombudsman as prescribed in the scheme.

4.

Learned counsel for the petitioners submits that the petitioners were not aware of the

communication allegedly made by the Ombudsman.

5.

Be that as it may, as the Ombudsman permitted the petitioners to file a fresh complaint, accordingly, the instant writ petition stands disposed of by observing that the petitioners are at liberty to file a fresh complaint strictly in accordance with the subject scheme.

6.

Affidavit of service is taken on record.

7.

All parties are to act on the server copy of this order duly downloaded from the official website of this court.

8.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]