Calcutta High CourtAPO/413/2017disposed

Shree Narayan Singh v. The Banking Ombudsman & ORS.

2023-10-12Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Supratim Bhattacharya2 pages

OD-5

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE IA NO.GA/3/2023 WITH WPO/750/2006 IN APO/413/2017 SHREE NARAYAN SINGH -VSTHE BANKING OMBUDSMAN & ORS.

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA And The Hon'ble JUSTICE SUPRATIM BHATTACHARYA Date : 12TH OCTOBER, 2023.

Mr. R. Ghosh, Adv.; Ms. G. Goswami, Adv.; Mr. A. Deb, Adv.; Ms. D. Sengupta, Adv., for appellant. IA No. GA/3/2023

1. The Court: Sufficient grounds are available in the application explaining the absence of the appellant and his advocates on July 18, 2023. The order of dismissal dated July 18, 2023 is recalled. IA No.GA/3/2023 is allowed.

2. The appeal is restored to its original file and number. APO 413 of 2017

3. The appeal is directed against the judgment and order dated May 4, 2017, passed by a Single Bench of this Court. By the impugned order, the Court has refused to interfere with the order of the Banking Ombudsman. The Ombudsman had declined relief to the appellant.

4. Counsel for the appellant would argue that while the Ombudsman found specific omissions on the part of Citi Bank, he refused to allow the reliefs sought.

5. This Court has carefully considered the decision of the Ombudsman. The Single Bench has found no jurisdictional error or violation of the principles of natural justice in the proceeding before the Ombudsman. The Single Bench has also not found any perversity in the order of the Ombudsman.

6. In the above circumstances, there is absolutely no reason for this Court to set aside the impugned order dated May 4, 2017 which calls for no interference by this Court.

7. The appellant, however, may explore any other civil or statutory remedies that he may have in accordance with law against the Bank.

8. With the aforesaid observations, APO/413/2017 stands disposed of.

9. There shall be no order as to costs.

10. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (RAJASEKHAR MANTHA, J.) (SUPRATIM BHATTACHARYA, J.) tk