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TMI Blog2008 (5) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... 093-94/2006 in W.P. (Crl.) No. 576 of 2006. 3. The question that arises in this case in narrow compass: Should part of the impugned judgment be expunged so that it may not adversely influence on an ongoing criminal investigation? The respondent filed a criminal writ petition number 576 of 2006 with the Delhi High Court. Vide this writ petition, the respondents sought a writ of mandamus that would direct the Commissioner of Police to take action against the appellant bank. Respondent No. 1 alleged that her son committed suicide as a result of the manner in which the bank's recovery agents had repossessed her son's motorcycle. In the first information report (F.I.R.) dated 29.11.2005, the respondent alleged that on 16th October, 2005 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter as expeditiously as possible and take necessary action against those who may be found guilty of abetting the deceased to commit suicide. In addition, the High Court stated that: Para 1: ...the vehicle for which the loan was taken was repossessed by the musclemen employed by ICICI Bank. Para 3: ...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him. Para 4: The modus-operandi employed by the banks like ICICI for realization of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llegations, not facts. Moreover, the investigation was ongoing. Thus, it should have been understood that the High Court was referring to alleged facts. That said, the court could have been more careful to note that the facts that it discussed were alleged. Recognizing as much, the court clarified that its observations were not to influence or affect the proceedings. 9. We reiterate the same. They will have no bearing on the ongoing investigation. Given this clarification, we do not feel that the appellant bank has been substantially aggrieved. Nor do we believe that expunging the impugned observations would have much of an effect. Under either scenario, having the observations expunged or having them clarified, no one can rely on the obse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pertaining to collection of dues. The BCSBI Code at para 6 inter alia provides: All the members of the staff or any person authorized to represent our bank in collection or/and security repossession would follow the guidelines set out below: 1. You would be contacted ordinarily at the place of your choice and in the absence of any specified place at the place of your residence and if unavailable at your residence, at the place of business/occupation. 2. Identity and authority to represent would be made known to you at the first instance. 3. Your privacy would be respected. 4. Interaction with you would be in a civil manner. 5. Normally our representatives will contact you between 0700 hours and 1900 hrs, unless the special circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the banks in the recent past for engaging recovery agents who have purportedly violated the law. In the letter accompanying its April 24th, 2008 Guidelines on Engagement of Recovery Agents, RBI stated: "In view of the rise in the number of disputes and litigations against banks for engaging recovery agents in the recent past, it is felt that the adverse publicity would result in serious reputational risk for the banking sector as a whole." RBI has taken this issue seriously, as evidenced by the penalty that banks could face if they fail to comply with the Guidelines. The relevant portion of the Guidelines formulated by RBI is set out as under: 3. Banks, as principals, are responsible for the actions of their agents. Hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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