Bhagat Infrastructure & Development ... vs The Reserve Bank Of India Through Its ... on 21 February, 2017

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Patna High Court - Orders

Bhagat Infrastructure & Development ... vs The Reserve Bank Of India Through Its ... on 21 February, 2017

Bench: Shivaji Pandey

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13579 of 2016
                 ======================================================
                 Bhagat Infrastructure & Development Pvt. Ltd. & Anr
                                                                       .... .... Petitioner/s
                                                    Versus
                 The Reserve Bank of India Through Its Regional Director & Ors
                                                                      .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Anil Kumar Tiwary
                 For the Respondent/s       : Mr. Kaushal Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                 ORAL ORDER

3   21-02-2017

In the present writ petition, petitioners are challenging the decision dated 28.1.2016 passed by the Consumer Education and Protection Cell, Reserve Bank of India by which he has been directed to comply with the observation dated 3.9.2015 passed in the Lok Adalat and order dated 29.22.2014 passed by the Banking Ombudsman by which complaint of the petitioner has been rejected, rejection has been raised on the ground that the Banking Ombudsman has no jurisdiction to entertain the grievances.

The petitioners are not being allowed to operate the account of the Company at Axis Bank. Learned counsel for the respondents raised preliminary objection about maintainability of the writ petition and submits that this issue can only be looked into by the Tribunal created under the Company's Act 2013 whereas learned counsel for the Patna High Court CWJC No.13579 of 2016 (3) dt.21-02-2017 2 petitioners submits that there is no dispute with respect to company matter, no need to relegate the matter to the Tribunal inasmuch as in the present case there is no factual dispute only question of law is involved for adjudication..

Learned counsel for the petitioner is permitted to implead Maya Devi as respondent no.6.

Issue notice to respondent no. 6 under ordinary process as well as registered cover with A/D for which requisites etc. must be filed within a period of ten days, failing which this writ petition as against her shall stand rejected without further reference to the Bench.

(Shivaji Pandey, J) Vinay/-

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Patna High Court - Orders