Bombay High Court Directs Bank to Forward Pensioner's Application to RBI for Decision Within Eight Weeks. Writ petition disposed of with direction to Samta Sahakari Bank to forward petitioner's application dated 11.01.2008 to Reserve Bank of India for decision within eight weeks.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The petitioner, Sukhdeo s/o Dewaji Suryawanshi, a retired pensioner aged about 66 years, filed a writ petition before the Bombay High Court, Nagpur Bench, against the Samta Sahakari Bank Limited (respondent no.1) and the Reserve Bank of India (respondent no.2). The petitioner had made an application dated 11.01.2008 to the bank, which had not been forwarded to the RBI for decision. The court, after hearing the matter, directed the bank to forward the application along with its comments to the RBI. The RBI was directed to decide the application within a period of eight weeks from receipt. The rule was made absolute in the aforesaid terms, with no order as to costs. The judgment was delivered by a division bench comprising S.A. Bobde and Smt. Vasanti A. Naik JJ on 18th January 2010.

Headnote

A) Banking Law - Cooperative Bank - Forwarding of Application - Direction to Bank - The petitioner, a retired pensioner, had made an application dated 11.01.2008 to the Samta Sahakari Bank Limited. The High Court directed the bank to forward the application along with comments to the Reserve Bank of India, which was further directed to decide the same within eight weeks. Held that the application must be forwarded and decided expeditiously (Paras 3-4).

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Issue of Consideration

Whether the respondent bank should forward the petitioner's application to the Reserve Bank of India for decision.

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Final Decision

Rule made absolute. Respondent no.1 directed to forward petitioner's application dated 11.01.2008 along with comments to respondent no.2. Respondent no.2 directed to decide the application within eight weeks. No order as to costs.

Law Points

  • Direction to forward application
  • Time-bound decision by RBI
  • No order as to costs
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Case Details

2010 LawText (BOM) (01) 382

Writ Petition No. 4107/2009

2010-01-18

S.A. BOBDE, SMT. VASANTI A. NAIK

Mr. M.P. Lala for petitioner, Mr. N.N. Motghare for respondent no.1, Mr. G.R. Agrawal for respondent no.2

Sukhdeo s/o Dewaji Suryawanshi

The Samta Sahakari Bank Limited, The Reserve Bank of India

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Nature of Litigation

Writ petition seeking direction to forward application to RBI

Remedy Sought

Direction to respondent no.1 to forward petitioner's application to respondent no.2 for decision

Filing Reason

Petitioner's application dated 11.01.2008 was not forwarded by the bank to RBI

Issues

Whether the respondent bank should forward the petitioner's application to the Reserve Bank of India for decision.

Ratio Decidendi

The court directed the bank to forward the application to RBI and RBI to decide it within eight weeks, ensuring expeditious disposal of the petitioner's grievance.

Judgment Excerpts

The respondent no.1 Samta Sahakari Bank Limited is directed to forward the request application of the petitioner, dated 11.01.2008, along with the comments, to the respondent no.2 Reserve Bank of India, Urban Bank Department, Nagpur. Upon receipt of the application, the Reserve Bank of India is directed to decide the same within a period of eight weeks.

Procedural History

Writ petition filed in 2009; heard on 18.01.2010; rule issued and made absolute on the same day.

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