M/S A P S Agro Oils Private Limited And ORS v. The Reserve Bank Of India And ORS

OD-7 ORDER SHEET WPO No. 1004 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE M/S. A. P. S. AGRO OILS PRIVATE LIMITED & ORS.

VERSUS

THE RESERVE BANK OF INDIA & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 14th November, 2024.

Appearance:

Mr. Somnath Saha, Adv.

... for petitioners.

1.

None appears on behalf of the respondents.

2.

Affidavit of service filed in Court today is taken on record. Supplementary affidavit filed in Court is also taken on record.

3.

The petitioners' prayer for seeking interest on account of illegal deduction of certain sum of money as pre payment charges upon foreclosure of credit facilities with effect from 20th December, 2021 is pending consideration at the end of the respondent authorities.

4.

In the supplementary affidavit the petitioners have annexed the communication made by the Chief Manager, Bank of Baroda intimating the petitioners that the Ombudsman has advised the bank to refund the payment in compliance of the advisory of the BO and the bank has decided to refund the charges levelled earlier. A demand draft was forwarded to the petitioners. 5.

The petitioners seek interest on account of the payment which was withheld by the bank without any provision of law. The petitioners also seek compensation on account of the illegal withholding of the security deposit. 6.

Without entering into the merit of the claim of the petitioners, the instant writ petition is disposed by directing the Branch Manager, Bank of Baroda, Burdwan

Branch to consider and dispose of the representation filed on behalf of the petitioners through their advocate in the month of September, 2024 by passing a reasoned order and communicate the same to the petitioners. 7.

Steps shall be taken in the matter at the earliest, but positively within a period of six weeks from the date of communication of this order. 8.

Learned Advocate for the petitioners is directed to forward a copy of the representation along with all documents in support of their claim to the aforesaid respondent at the time of communicating the order of the Court. 9.

Prior to passing the final order in the matter, a reasonable opportunity of hearing shall be given to the petitioners.

10.

The writ petition stands disposed of.

11.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all legal formalities. (AMRITA SINHA, J.) nm