Delhi High Court - Orders
Madhuvan Tieup Pvt. Ltd vs Reserve Bank Of India, New Delhi & Anr on 8 January, 2024
$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 198/2024 & CM APPL. 927-928/2024
MADHUVAN TIEUP PVT. LTD. ..... Petitioner
Through: Mr. Mohit Chaudhary, Mr. Kunal,
Ms. Srishti, Ms. Sahrika Arya,
Advocates.
Mob. 9810074159
versus
RESERVE BANK OF INDIA, NEW DELHI & ANR. ... Respondents
Through: Mr. Ramesh Babu, Ms. Manisha
Singh, Ms. Nisha Sharma and Mr.
Rohan Srivastava, Advocates.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 08.01.2024 CM APPL. 928/2024 (for Exemption)
1. Exemption allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 198/2024 & CM APPL. 927/2024
3. The present petition has been filed by the petitioner being aggrieved by conduct of the New Delhi as well as the Kolkata Office of the respondent-bank. It is submitted that the petitioner being a Non-banking Financial Company ("NBFC") registered under Section 45 of the Reserve Bank of India Act, 1934 is entitled to get access to the COSMOS Portal which is the unified data platform by the Reserve Bank of India ("RBI"). It This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2024 at 23:59:01 is submitted that the said access is required for the purpose of filing returns and making other compliances as required by an NBFC.
4. It is submitted that the petitioner was issued Certificate of Registration by RBI, Kolkata in the year 2003, when the registered office of the petitioner was located within the territorial limits of RBI, Kolkata. In 2014, the registered office of the petitioner was shifted to New Delhi. However, the documents/ files of the petitioner maintained by RBI, Kolkata were not transferred to RBI, New Delhi. It is submitted that even after multiple request, meetings and discussion on the aforesaid issue, both the RBI at New Delhi as well as RBI at Kolkata have not adhered to their responsibilities leaving the petitioner in the lurch.
5. It is further submitted that the petitioner is unable to comply with the order dated 12th October, 2023 passed by the learned National Company Law Appellate Tribunal, New Delhi Principle Bench ("NCLAT") in Company Appeal (AT)(Ins.) No. 895/2023 wherein the petitioner has been directed to supply the original Certificate of Registration. The said certificate was submitted to RBI, New Delhi soon after change of registered address of the petitioner.
6. Issue notice. Notice is accepted by learned counsel for the respondents. He prays for and is granted time of two weeks to file reply.
7. List on 01st February, 2024.
MINI PUSHKARNA, J JANUARY 8, 2024 ak This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2024 at 23:59:01