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3. W.P.(C).No.28824/2017 has been filed by one Mr.Cherian C.Kariparambil and a partnership firm called MINDSTRONG HR Solutions. The first petitioner has overdraft facility account with South Indian Bank and the second petitioner has a current account with HDFC Bank. The petitioners had also availed the online banking facility of the Bank, the alerts in respect of which would be sent and were linked to the mobile number of the first petitioner who is also the Managing Partner of the second petitioner-firm. On 28 th April 2017, Mr.Cherian came to realize that a total amount of Rs. 23,00,000/- had been unauthorizedly transferred from the accounts of the petitioners by way of online transactions effected through the respective online banking apps of the Bank. Mr.Cherian's registered mobile number had become dysfunctional on 25th April 2017 and he had approached the service provider, M/s BSNL Telecom on 27th April 2017 to enquire regarding the same. He was told by the representative of M/s BSNL Telecom that his number had become dysfunctional as a duplicate SIM card had been issued in respect of the number on 25th June 2017 upon the request of a person who had fraudulently represented himself as WPC 28823/2017 & 28824/2017 Mr.Cherian by furnishing ID proofs belonging to him. Upon subsequent restoration of network services after re-issuance of a duplicate SIM, he realized that such amounts had been unduly transferred to several accounts from the bank accounts of the petitioners.

6. These writ petitions were originally filed without impleading the Mobile Service Provider. Their role is crucial in understanding the modus operandi of the transfers so effected. This Court, therefore, directed the petitioners to implead the service providers. In W.P.(C).No.28824/2017, the Bharat Sanchar Nigam Limited (BSNL) was impleaded as an additional respondent and, in W.P.(C).No.28823/2017, M/s.Vodafone Idea Ltd was also impleaded as an additional respondent.

7. In the counter affidavit filed by BSNL, it is stated that an individual claiming to be Cherian C.Karippaparampil the writ petitioner in W.P.(C).No.28824/2017 approached the office of BSNL on 27.4.2017 for replacement of SIM. The individual concerned apparently also produced his original driving licence and handed over the Xerox copy of the driving licence to obtain the duplicate SIM card. WPC 28823/2017 & 28824/2017

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 1ST PETITIONER TO 1ST RESPONDENT RBI DATED 28.06.2017.

APPENDIX OF WP(C) 28824/2017 PETITIONER'S/S EXHIBITS:

EXT P1 TRUE COPY OF THE INTERNET BANKING FACILITY SERVICES AND INSTRUCTIONS OFFERED BY THE 2ND RESPONDENT SOUTH INDIAN BANK IT IS WEBSITE.

EXT.P2 TRUE COPY OF THE RTI REPLY FURNISHED BY M/S.BSNL SANCHAR NIGAM LIMITED,OFFICE OF THE GENERAL MANAGER TELECOM,PALAKKAD DATED 13.06.2017 EXT.P3 TRUE COPY OF THE WRITTEN COMPLAINT PREFERRED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT BANK DATED 17.06.2017.