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Delhi High Court - Orders

Shubham Kapaley vs Reserve Bank Of India And Ors on 6 March, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~14
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                        W.P.(C) 3073/2020
                               SHUBHAM KAPALEY                       ..... Petitioner
                                            Through: None.
                                            versus
                               RESERVE BANK OF INDIA AND ORS         ..... Respondents
                                                  Through:     Mr. Ramesh Babu MR, Ms. Manish
                                                               Singh, Ms. Nisha Sharma & Mr.
                                                               Rohan Srivastava, Advocates for R-1.
                                                               Mr. Susmit Pushkar, Mr. Anchit
                                                               Oswal and Mr. Gaurav Sharma,
                                                               Advocates for R-2 (M-9644751674).
                                                               Mr. Sanjay Kumar & Mr. Abhishek
                                                               K. Singh, Advocates for R-5 (M-
                                                               9910129033)
                               CORAM:
                               JUSTICE PRATHIBA M. SINGH
                                        ORDER

% 06.03.2023

1. This hearing has been done through hybrid mode.

2. The present petition was filed seeking the following prayers:

"a) Direct the respondent No.1, 2, 3 and 4 to immediately take action against respondent No. 5 which is provisioning its services by way of "Google Pay" in India;
b) Direct the respondent No. 1 and 2 to immediately suspend operations of respondent No. 5 in UPI through its App "Google Pay" till it completely complies with interoperability;
c) Direct respondent No. 1and 2 to conduct a thorough Third party and independent investigation of respondent No. 5's App Google Pay app to check compliance of every directive, guidelines issued by NPCI and RBI;
d) Direct respondent No. 5 to suspend its operations Signature Not Verified Digitally Signed By:RAHUL Signing Date:07.03.2023 17:24:47 and/or not expand its user base uptill a thorough independent third party audit by CERT-IN or any other reputed third party app of the Google Pay App is conducted and certified by respondent No. 1 and 2;
e) Direct the respondent No. 1 and 2 to initiate proper punitive action against the respondent No. 5 for its wilful and continued non-compliance of directions/ circular of respondent No. 1 and 2;
f) Impose a hefty penalty amounting to at least 10 times revenue of Google Pay, since start of its operations in India to be contributed towards Covid-19 Relief Fund in India;
g) Pass such other or further order(s), as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

3. Notice was issued in this petition on 14th May, 2020.

4. Counter affidavits have been filed by some of the Respondents.

5. The Court observes that the Petitioner has not been appearing for the last three hearings.

6. Accordingly, the petition is dismissed for non-prosecution.

PRATHIBA M. SINGH, J MARCH 6, 2023 Rahul/AM Signature Not Verified Digitally Signed By:RAHUL Signing Date:07.03.2023 17:24:47