Bombay High Court
Parekh Industries Limited vs The Reserve Bank Of India on 7 March, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Digitally
signed by
SHAGUFTA
2025:BHC-OS:3978-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 4-WP-L-37348-2024.doc
2025.03.12
10:19:32
+0530
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 1/5
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4-WP-L-37348-2024.doc
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, 7th MARCH 2025
ORAL ORDER (Per Revati Mohite Dere, J.) :
1 Heard learned counsel for the parties. 2 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 2/5 ::: Uploaded on - 12/03/2025 ::: Downloaded on - 15/03/2025 07:49:56 :::
4-WP-L-37348-2024.doc 3 By this petition, the petitioner has impugned the order dated 3rd October 2024, by which the respondent No. 1 had disposed of the petitioner's complaint as not maintainable for the reasons set out in the said order dated 3rd October 2024. 4 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 6 th December 2023 was not considered by the respondent No. 1-RBI, despite the same being sent to the respondent No.1.
5 Learned counsel for the respondent No.1 does not dispute the fact that the said letter dated 6 th December 2023 addressed to the respondent No.1 by the respondent No.3-Union Bank of India, was not considered at the time, Committee took a decision on the petitioner's complaint. 6 Learned counsel for the respondent No. 1 states that the respondent No. 1-RBI is ready to consider the letter dated 6 th SQ Pathan 3/5 ::: Uploaded on - 12/03/2025 ::: Downloaded on - 15/03/2025 07:49:56 ::: 4-WP-L-37348-2024.doc December 2023 addressed by the respondent No. 3 to the respondent No.1.
7 In view of the aforesaid, the order dated 3 rd October 2024 passed by the respondent No. 1 is quashed and set aside. The petitioner's complaint is restored back to its original file. Respondent No. 1 to consider the petitioner's complaint afresh, taking into consideration, the letter dated 6 th December 2023 addressed by the Union Bank of India to the respondent No.1. 8 Needless to state that it is open for the respondent No.1 to seek such documents as are necessary to decide the petitioner's complaint, both from the petitioner as well as the respondent No. 2.
9 The petition is allowed on the aforesaid terms. 10 Needless to state that all contentions of all parties are kept open.
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4-WP-L-37348-2024.doc 11 Rule is made absolute on the aforesaid terms. Petition is disposed of accordingly.
12 All concerned to act on the authenticated copy of this order.
DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. SQ Pathan 5/5 ::: Uploaded on - 12/03/2025 ::: Downloaded on - 15/03/2025 07:49:56 :::