Jaico Publishing House v. Bank Of Baroda And ANR

Digitally signed by MULEY SHUBHAM PRAVINRAO Date:

2025.11.14 19:53:05 +0530 MULEY SHUBHAM PRAVINRAO 8-WP-903-2024.DOCX Shubham

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 903 OF 2024 Jaico Publishing House

...Petitioner

Versus

Bank of Baroda & Anr.

...Respondents

______________________________________________________ Mr. Sunny Shah a/w Aashka Shell i/by Kartik Garg for the Petitioner. Mr. Ansh Karnawat a/w Priyanka Chhipa i/by Nahush Shah Legal for Respondent No.1.

Mr. Prasad Shenoy a/w Aditi Phatak, P. Zaiwalla, Vijay Salokhe and Ishita Desai i/by BLAC Co. for Respondent No.2. ______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.

DATED : 14 November 2025 P.C.:- 1.

Heard learned counsel for the parties.

2.

The challenge in this Petition is to the order dated 28 June 2022 to the extent it does not direct credit of the balance of 50% of the unauthorized transaction and allow the Petitioner's complaint in its entirety by directing that an amount of Rs.7,30,503/- with interest from 16 January 2022 be credited to the Petitioner's bank account. 3.

The learned counsel for the RBI, on instructions, states that the matter could be remanded to the Ombudsman to consider the

8-WP-903-2024.DOCX Petitioner's relief of crediting the amount of Rs.7,30,503/- with interest into the Petitioner's bank account.

4.

Learned counsel for the Petitioner relies on RBI circular dated 6 July 2017 and submits that in terms of this circular, a direction for crediting this amount should have followed. We request the learned Ombudsman to consider this plea in accordance with law and take an appropriate decision thereon as expeditiously as possible. 5.

Accordingly, the Impugned Order dated 28 June 2022, to the extent it does not direct the deposit of the amount of Rs.7,30,503/- with interest to the Petitioner's bank account is interfered with. The matter is restored to the file of the learned Ombudsman with a direction to consider and dispose of the matter with regard to this relief as expeditiously as possible and in any event by 15 February 2025. Needless to add that the learned Ombudsman must hear all parties which will include the Petitioner and the 1st Respondent and pass and communicate a reasoned order within the period now intimated by us. All contentions of all parties with regard to the relief now pressed by the Petitioner are kept open to be decided by the learned Ombudsman in the first instance.

6.

The Petition is disposed of in the above terms without any order for costs. All concerned to act upon an authenticated copy of this order.

(Advait M. Sethna, J) (M. S. Sonak, J.)