Manoj Kumar Jayaswal S/O. Basantilal Shaw v. Icici Bank Limited, Mumbai And Others

2026:BHC-NAG:7250-DB 154 wp4038.26.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 4038 OF 2026 MANOJ KUMAR JAYASWAL S/o BASANTLL SHAW vs.

ICICI BANK LTD. AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. C. S. Dhore, Advocate for petitioner CORAM :- ANIL S. KILOR and RAJ D. WAKODE, JJ. DATE :- 8th MAY, 2026.

1.

Heard Mr. C.S. Dhore, learned counsel for the petitioner. 2.

The petitioner seeks challenge to the impugned show cause notice dated 23.03.2026, issued by respondent no.1 - ICICI Bank Ltd. to the petitioner, which is at record page no. 30 (Annexure-P-1). 3.

Perusal of the petition reveals that the petitioner has already submitted reply on 12.04.2026 to the aforesaid show cause notice, which is at record page no. 86 (Annexure-P-8). The learned counsel for the petitioner submits that the petitioner has approached this Court seeking challenge to the aforesaid show cause notice in view of the fact that respondent no.1 has no jurisdiction to issue such show cause notice to the petitioner. In support of the said contention, he relies on the judgment of the Hon'ble Supreme Court of India in the case of J.Sri Nisha Vs. Special Director, Adjudicating Authority, Directorate of Enforcement and Another, reported in 2026 SCC Online SC 517. 4.

Perusal of the reply dated 12.04.2026 filed by the petitioner to the said show cause notice reveals that such ground is inadvertently not raised by the petitioner neither the judgment of the Hon'ble Supreme Court of India has been referred.

5.

Thus, we dispose of the present Writ Petition with liberty to the petitioner to approach respondent no.1 - ICICI Bank Limited and file an additional reply raising such ground as to the jurisdiction of

154 wp4038.26.odt 2 respondent no.1 so also any other ground available to him in the additional reply. The petitioner shall also produce a copy of the judgment of the Hon'ble Supreme Court of India referred supra before respondent no.1.

6.

Respondent no.1 is directed to decide the aforesaid show cause notice after considering all the contentions raised by the petitioner in the main reply so also in additional reply and the judgment of the Hon'ble Supreme Court of India. In case the order is adverse to the petitioner, the same shall be kept in abeyance for a period of Seven days from the date of service of the order on the petitioner, in order to enable the petitioner to challenge the aforesaid adverse order before the appropriate forum.

7.

The Writ Petition is accordingly disposed of. No costs. ( RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Diwale.

Signed by: DIWALE Designation: PS To Honourable Judge Date: 08/05/2026 20:19:01