Bombay High Court
Jaiprakash Kulkarni vs The Banking Ombudsman on 26 April, 2023
Author: Neela Gokhale
Bench: G.S. Patel, Neela Gokhale
30-OSWP-1150-2023.DOC
Gaikwad RD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1150 OF 2023
Jaiprakash Kulkarni & Anr ...Petitioners
Versus
The Banking Ombudsman & Ors ...Respondents
Mr Nikhil Sakhardande, Senior Counsel, with Siddhesh Bhole,
Aditya Shendye, i/b SSB Legal & Advisory, for the Petitioners.
None for the Respondents.
CORAM: G.S. Patel &
Neela Gokhale, JJ.
DATED: 26th April 2023 PC:-
1. The Petitioners complain that their corporate current bank account with the Bank of Baroda, Worli Branch was unauthorizedly accessed and an amount of Rs.76,90,107/- was illicitly transferred.
The Banking Ombudsman held that there was no deficiency in service. Hence, this Petition.
2. Paragraphs 4(b), (c) & (d) prima-facie indicate that far more information is necessary before we can proceed with the matter. The Petitioners have made a complaint to the Cyber Crime Cell. We will require the logs of the cell phone company that issued the mobile Page 1 of 2 26th April 2023 ::: Uploaded on - 27/04/2023 ::: Downloaded on - 28/04/2023 10:31:59 ::: 30-OSWP-1150-2023.DOC number/SIM used by the Petitioner's accountant Vishwanathan Shetty during the relevant period to see what messages were received on his mobile number. This is necessary because Mr Shetty says that the transactions were without receipt of any OTP to his mobile number, although that was the only number registered with the bank for net banking purposes. There are some details available at pages 36 to 38. It is unclear how third party transfer or online remittance beneficiaries could have been added without an OTP being received by Mr Shetty.
3. There is additionally other information that we will require which we have indicated to Mr Sakhardande and his attorney, including how Mr Shetty learnt of the insertion of fraudulent entities or persons as beneficiaries and whether the Petitioners are aware of the names of these persons.
4. These details are to be furnished on an Affidavit. We do not require an amendment.
5. The Cyber Crime Cell is requested to make available to the Petitioners and their Advocates access to the Cell Company logs for the purposes of this Affidavit.
6. List the matter on 19th June 2023.
(Neela Gokhale, J) (G. S. Patel, J) Digitally signed by RAJU DATTATRAYA RAJU GAIKWAD DATTATRAYA Date: GAIKWAD 2023.04.27 18:16:58 +0530 Page 2 of 2 26th April 2023 ::: Uploaded on - 27/04/2023 ::: Downloaded on - 28/04/2023 10:31:59 :::