Bombay High Court
Jugal Rameshbhai Sunavia vs The Manager,Axis Bank And Anr on 17 August, 2021
Author: Prithviraj K. Chavan
Bench: K.K. Tated, Prithviraj K. Chavan
1 40-wp-954-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.954 OF 2021
Jugal R. Sunavia ] Petitioner
Vs.
1.The Manager, Axis Bank
2.Reserve Bank of India ] Respondents.
...
Mr.Sarosh Damania alongwith Mr. Narendra Walimbe for petitioner.
Miss Suvarna Joshi a/w Miss Anushree Koparkar i/b Ashutosh Marathe
for respondent no.1.
...
CORAM : K.K. TATED &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 17th AUGUST, 2021.
P.C.
1. Heard learned Counsel for the parties.
2. By this petition under 226 of the Constitution of India, the petitioner is seeking direction against respondent-Bank to issue another demand draft of Rs.20 lakhs which was lost by the petitioner.
3. Learned Advocate for the petitioner submits that at his request Chitra Sonawane ::: Uploaded on - 20/08/2021 ::: Downloaded on - 07/10/2021 18:11:45 ::: 2 40-wp-954-21.doc respondent/Bank issued demand draft of Rs.20 lakhs dated 28th August 2019. On same day he lost the said demand draft. Hence, he filed complaint with Vile Parle Police station,Mumbai. He submits that he gave an application to the Bank for issuance of duplicate demand draft. In reply to the said application, the respondent-Bank by their letter dated 25th September 2019 directed the petitioner to provide appropriate Court order to that effect.
4. Learned Counsel for the petitioner submits that, the petitioner already filed joint declaration dated 19th September 2019 with respondent-Bank. As per RBI Circular either the petitioner or the beneficiary can make an application for duplicate demand draft. To that effect, he relies on following portion at page no.117 which reads thus;
"Some doubts were raised regarding the term "customer"
used above and whether it would include only purchaser/beneficiary or also include any holder of the instrument other than the purchaser or the beneficiary. It is clarified that the above instructions would be applicable only in cases where the request for duplicate demand draft is made by the purchaser or the beneficiary and would not be applicable in the case of draft endorsed to third parties."
5. On the other hand, learned Counsel Miss Suvarna Joshi appearing on behalf of respondent/Bank submits that the petition is Chitra Sonawane ::: Uploaded on - 20/08/2021 ::: Downloaded on - 07/10/2021 18:11:45 ::: 3 40-wp-954-21.doc not maintainable as the respondent-Bank is a private Bank.
6. Heard both the sides at length. In any case, the matter is adjourned at the request of learned Counsel for the petitioner to explain relationship of parties.
7. For that purpose, matter to appear on board on 24th August 2021.
[PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.] Chitra Sonawane ::: Uploaded on - 20/08/2021 ::: Downloaded on - 07/10/2021 18:11:45 :::