Parekh Industries Limited v. The Reserve Bank Of India
Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:
2025.04.07 15:42:37 +0530 SHAGUFTA QUTBUDDIN PATHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.37348 OF 2024 Parekh Industries Limited A company incorporated under the Companies Act, 1956, having its registered office at Prince House, 51/3, Marol Co-op. Inds. Estate, MV Road, Andheri (E), Mumbai 400 059 ... Petitioner
Versus
1. The Reserve Bank of India, Through the Chief General Manager, 1st Floor, Amar Building.
Sir P.M. Road, Fort, Mumbai 400001
2. The RBI Ombudsman 1st Floor, RBI Byculla Office Building, Opp. Mumbai Central Station, Byculla, Mumbai 400 008
3. The Union Bank of India, Princess Street Branch, Through its Branch Manager Devkaran Mansion, Building No 3, Shamaldas Gandhi Road, Princess Street, Mumbai 400 002
4. The Additional Director General, Directorate of Revenue Intelligence, Bangalore Zonal Unit 8(P)2, 1st Stage, SQ Pathan Corrected vide order dated 28/03/2025 (In Bold) 1/5
3rd Block, Opp. BDA Complex, Bengaluru 560 043
5. The Commissioner of Customs-IV, Export, Mumbai Zone-III Air Cargo Complex, Sahar, Andheri (E), Mumbai 400 099 ... Respondents Mr. Jas Sanghavi a/w Mr. Suyog Bhave and Mr. Vikas Poojary i/b PDS Legal for the Petitioner Ms. Aditi Phatak a/w Mr. Vijay Salokhe i/b BLAC & Co. for the Respondent No.1-RBI Mr. A. R. Bamne i/b Mr. Nainesh Amin and Mr. Zulfiq Multani for the Respondent No.3-UOI Mr. Siddharth Chandrashekhar a/w Ms. Megha Bajoria for the Respondent No.5-Customs CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.
FRIDAY, 7 th MARCH 2025 ORAL ORDER (Per Revati Mohite Dere, J.) :
Heard learned counsel for the parties.
Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned counsel waives service on behalf of the respective respondents. SQ Pathan Corrected vide order dated 28/03/2025 (In Bold) 2/5
By this petition, the petitioner has impugned the order dated 3rd October 2024, by which the respondent No. 2 had disposed of the petitioner's complaint as not maintainable for the reasons set out in the said order dated 3rd October 2024. Learned counsel for the petitioner submits that the grievance of the petitioner was not considered, in particular, the respondent No.3-Union Bank of India's letter dated 6th December 2023 was not considered by the respondent No. 1-RBI, despite the same being sent to the respondent No.1.
Learned counsel for the respondent No.1 does not dispute the fact that the said letter dated 6th December 2023 addressed to the respondent No.1 by the respondent No.3-Union Bank of India, was not considered at the time, respondent No.2 took a decision on the petitioner's complaint. Learned counsel for the respondent No. 1 states that the respondent No. 1-RBI is ready to consider the letter dated 6th SQ Pathan Corrected vide order dated 28/03/2025 (In Bold) 3/5
December 2023 addressed by the respondent No. 3 to the respondent No.1.
In view of the aforesaid, the order dated 3rd October 2024 passed by the respondent No. 2 is quashed and set aside. The petitioner's complaint is restored back to its original file. Respondent No. 2 to consider the petitioner's complaint afresh, taking into consideration, the letter dated 6th December 2023 addressed by the Union Bank of India to the respondent No.1. Needless to state that it is open for the respondent No.1 to seek such documents as are necessary to decide the respondent No.3's letter dated 6th December 2023, both from the petitioner as well as the respondent No. 3.
The petition is allowed on the aforesaid terms. Needless to state that all contentions of all parties are kept open.
SQ Pathan Corrected vide order dated 28/03/2025 (In Bold) 4/5
Rule is made absolute on the aforesaid terms. Petition is disposed of accordingly.
All concerned to act on the authenticated copy of this order.
DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. SQ Pathan Corrected vide order dated 28/03/2025 (In Bold) 5/5