Kerala High Court
Dr.Varghese Mundackal vs The Banking Ombudsman on 28 October, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 29TH DAY OF JUNE 2018 / 8TH ASHADHA, 1940
WP(C).No. 12327 of 2008
PETITIONER:
DR.VARGHESE MUNDACKAL,
DIWANS ROAD, ERNAKULAM, COCHIN 16.
BY ADV.SRI.DR.VARGHESE MUNDACKAL
RESPONDENT(S):
1. THE BANKING OMBUDSMAN,
RESERVE BANK OF INDIA BUILDING, TRIVANDRUM 695 033.
2. THE GENERAL MANAGER,
CANARA BANK, CIRCLE OFFICE, TRIVANDRUM 695 039.
3. THE CHAIRMAN, CANARA BANK, JC.ROAD,
BANGLORE.
4. RESERVE BANK OF INDIA, GOVT. OF INDIA,
REP. BY FINANCE & BANKING SECRETARY, NEW DELHI.
* ADDL.R5 IMPLEADED
5. BABY SRAMBICKAL,
MANAGING DIRECTOR, GARTS IND TEX(P) LTD.,
2ND FLOOR, ABHILASH BUILDING , 43/1340,
ST. BENEDICT ROAD, COCHIN AND PERMANENTLY
RESIDING AT SRAMBICKAL HOUSE,
P.O, VYPEEN, KOCHI.
* ADDL. R5 IS IMPLEADED AS PER ORDER DATED 28.10.2008
IN I.A. NO. 11279/2008
R2 & R3 BY SRI.P.GOPINATH MENON, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 12327 of 2008
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTERED LETTER DATED 10.6.1999 SEND
TO BR. MANAGER CANARA BANK BANNERJI ROAD ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE FORGED POWER OF ATTORNEY DATED
17.10.97.
EXHIBIT P3 TRUE COPY OF THE 5TH PAGE OF THE PETITIONERS PASSPORT
NO. 14.12.05.
EXHIBIT P4 TRUE COPY OF THE ORDER IN WRIT APPEAL NO. 2448/2005
DATED 14.12.05.
EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT FILED BY NOTARY BEFORE SUB
COURT ERNAKULAM IN OS. NO. 452/02 AND OS 29/05.
EXHIBIT P6 TRUE COPY OF THE LETTER OF NOTARY DATED 15.6.2004
ADDRESSED TO PETITIONER.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 3.3.2006 OF OMBUDSMAN TO
THE GENERAL MANAGER OF CANARA BANK AT TVM.
EXHIBIT P8 TRUE COPY OF THE LETTER OF PETITIONER DATED 11.10.2007
ADDRESSED TO BANKING OMBUDSMAN.
EXHIBIT P9 TRUE COPY OF JUDGMENT IN SUIT OS 452/02 OF THE ADDL. SUB
COURT, ERNAKULAM DTD. 28 MARCH 2009.
EXHIBIT P10 TRUE COPY OF JUDGMENT IN OS 29/05 OF ADDL. SUB COURT,
ERNAKULAM DTD. 28 MARCH 2009.
EXHIBIT P11 TRUE COPY OF RED NOTICE OF INTERPOL AGAINST 5TH
RESPONDENT (ACCUSED IN CRIMES) DATED 19.8.2009 IS
RETRIEVED FROM INTERNET.
EXHIBIT P12 TRUE COPY OF THE AFFIDAVIT OF CJM EKM DATED 21.5.09
2009 IN CC 125/04 (CRIME 902/2003).
EXHIBIT P12 A TRUE COPY OF THE REQUEST OF CJM TO THE MINISTRY OF
EXTERNAL AFFAIRS DATED 12.8.09 IN CC 125/04 (CRIME
902/2003) FOR EXTRADITION.
EXHIBIT P12 B TRUE COPY OF THE AFFIDAVIT OF COMMISSIONER OF POLICE,
COCHIN CITY DATED 21.5.2010 IN CRIME IN CRIME 902/2003
(CC 125/2004).
EXHIBIT P13 TRUE COPY OF THE AFFIDAVIT OF CJM ERNAKULAM DATED
17.3.2009 IN CC 2187/2002 (CRIME 750/2000)
EXHIBIT P13A TRUE COPY OF THE REQUEST OF CJM TO THE MINISTRY OF
EXTERNAL AFFAIRS DATED 24.5.24.1.2009 in cc 2127/2002
(CRIME 750/200) FOR EXTRADITION.
WP(C).No. 12327 of 2008
EXHIBIT P13B TRUE COPY OF THE AFFIDAVIT OF COMMISSIONER OF POLICE,
COCHIN CITY DATED 21.5.2010 IN CRIME 750/2000 (CC
2187/2002).
EXHIBIT P14 A TRUE COPY OF THE FORWARDING LETTER OF COMMISSIONER OF
COCHIN DATED 28.5.2010 ADDRESSED TO IGP TVM INTERPOL
NODAL OFFICER.
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PS TO JUDGE
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19/7/2018
A. MUHAMED MUSTAQUE, J.
.........................................
W.P.(C).No.12327 of 2008
..........................................
Dated this the 29th day of June, 2018.
JUDGMENT
The petitioner is a complainant before the Banking Ombudsman. In the course of the proceedings, the Ombudsman passed Ext.P7 order. The petitioner approached this Court seeking a direction to the Ombudsman to implement Ext.P7 order.
2. If the petitioner still required Ext.P7 to be implemented, he is free to approach the Ombudsman. The Ombudsman shall take necessary steps to give effect Ext.P7 order in accordance with law. However, if final orders are passed in this matter, the petitioner is free to work out remedies based on that final order.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
cl