9911796707
TMI Blog2024 (9) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... emishes on its part and evidently,the petitioner is not coming clean since after the sanction/ credit facilities by respondent No.2/bank, sale proceeds appear to have been diverted and routed through the other bank i.e. BOB as per the statement of account placed on the record by respondent No.2 (Annexure R1-2), which would show that a credit of Rs. 34,82,875/- and Rs. 39,78,746/- on RTGS from BSF, Jammu was routed and credited in the account with BOB on 23.05.2019 and 30.07.2019 respectively, instead of being credited to the account of respondent No.2/bank. The petitioner sought to withdraw the present writ petition unconditionally. However, since the misconduct of the petitioner comes out into the open, who has taken the Court for a ride, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder dated 11/02/2021 passed by the respondent no.1 in a mechanical manner and without assigning any reason to the same, or/ and, (b) Remand-Back the matter with direction to the respondent no.2 to follow the procedure as mentioned in the Banking Ombudsman Scheme, 2006 while deciding the complaint of the petitioner and to further dispose the same with a reasoned and just Order. (c) Issue an appropriate Writ thereby directing the respondent no.2 to show the reasons and procedure adopted by them for declaring the. petitioner asan NPA. (d) Direct the respondent no.2 to compensate the petitioner to the tune of Rs.50,00,000/- (Rupees Fifty Lacs only) for illegally and unethically declaring the petitioner's account as an NPA and further for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01, 2015 issued by the Reserve Bank of India under the Secutrization Companies and Reconstruction Companies (Reserve Bank) Guidelines and Directions dated 2003 without following the prescribed procedure. The said complaint was dismissed by the Ombudsman assigning the following reasons: 5. Your complaint has thus been closed under clause 13(1 )(a) of the Banking Ombudsman Scheme, 2006 (As amended upto July 01,2017) which states that the The Banking Ombudsman may reject a complaint at any stage. If it appears to him that the complaint made is not on the grounds of complaint referred to in clause 8 of the BO Scheme, 2006, as amended. The closure under clause 13(1) (a) does not provide for an appeal to the Appellate Authority under the Scheme. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bank) and will not open any account in any other bank without our permission . Further, one of the other terms conditions of the sanction letter stated that an undertaking would be filed by the petitioner to the effect that party has to route the whole turn over through our account only . While it was conveniently brought out by the learned counsel for the petitioner that the bank account with the BOB was opened as per the certificate dated 20.05.1996 (A-9)and was much prior to the sanction letter dated 16.01.2018, it clearly appears that there is more to the story than to meet the eyes. 7. This Court may hasten to point out that although submissions with regard to Clause 8 (2) (d) (f) are tenable in law and the Ombudsman had jurisdiction t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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