Ratico Agencies Private Limited And ANR. v. The Appellate Authority For Non-Banking Financial Company And ORS

14.08.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17869 of 2024 Ratico Agencies Private Limited & Anr.

-versus The Appellate Authority for Non-Banking Financial Company, Govt. of India & Ors.

Ms. Rajshree Kajaria, Ms. Vrinda Kedia.

...For the Petitioners.

Ms. Chandreyi Alam, Ms. Runu Mukherjee.

... For UOI.

Mr. D.K. Kundu, Mr. A. Basu.

...For RBI.

1.

The petitioners are aggrieved by the order dated 17th April, 2023 passed by the appellate authority in dismissing the petitioners' appeal.

2.

Submission of the petitioners is that hearing by the appellate authority was conducted through video conference mode on 15th December, 2022.

3.

Due to technical glitches the petitioners could not participate in the hearing. Request was given for providing fresh opportunity of hearing which the authority refused and passed final order on 17th April, 2023.

4.

Prayer has been made to set aside the order of the appellate authority and remand the matter back to the appellate authority for fresh hearing. 5.

Learned advocate appearing on behalf of the respondent nos. 1 and 4 submits, upon instruction

that, the authorities neither detected nor felt any technical glitches at the time of hearing. It has been submitted that the petitioners could have joined the virtual hearing.

6.

On a perusal of the documents of the writ petition it appears that the order impugned is dated 17th April, 2023. The writ petition was filed on 11th July, 2024.

7.

Had the petitioners been genuinely aggrieved by the order passed by the authority, they ought to have approached the Court immediately after the order was passed or at least soon thereafter.

8.

The petitioners waited for nearly fifteen months to approach the Court. There is no explanation for the delay in approaching the Court.

9.

The Court is not convinced with the stand of the petitioners in not appearing before the appellate authority on the day fixed and also not approaching this Court in proper time.

10. In view of the above, no relief can be granted to the petitioners in the instant writ petition.

11. The writ petition fails and is hereby dismissed.

12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)