Allahabad High Court
Rohit Jawa vs Reserve Bank Of India Thru Chief ... on 30 January, 2023
Bench: Surya Prakash Kesarwani, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 3
Case :- WRIT - C No. - 33303 of 2022
Petitioner :- Rohit Jawa
Respondent :- Reserve Bank Of India Thru Chief General Manager And 4 Others
Counsel for Petitioner :- Manoj Goswami
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and the learned standing counsel.
This writ petition has been filed for the following prayer :
"1. To issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 1 to decide the representation dated 28/07/2022 (ANNEXURE NO. 30).
2. To issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 1 to direct the respondent bank to release the funds of the petitioners.
3. To issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 2 to decide the representation of the petitioner dated 06/07/2022 (ANNEXURE NO. 29).
4. To issue any such other and further writ, order or direction which this Hon'ble Court may deem fit and proper under the facts."
Perusal of the representations that have been enclosed as Annexure Nos.29 and 30 to the writ petition reveals that one representation is of 6 July 2022 seeking disposal of the FEMA (Foreign Exchange Management Act, 1999) case pending since 2020-21 pursuant to the blocking of the petitioner's two bank accounts by the respondent no.2 on 23rd September 2020 and the other representation is dated 28 July 2022 with regard to de-freezing of accounts blocked by the bank since the year 2020. A perusal of the record reveals that previously a writ petition bearing WRIT - C No. - 10611 of 2021 was filed by the petitioner which was dismissed by this Court by means of judgment dated 04.05.2021, which reads as follows :
"Matter taken up through video conferencing.
Petitioner by way of present petition seeks quashment of a communication dated 05.03.2021 and a direction to the Respondent Bank to de-freeze the account. The communication is brought on record which is in the following term:-
"The Banking Ombudsman Scheme 2006 (BOS-2006)
Complaint No : 202021011018536 dated against KOTAK MAHINDRA BANK LTD.
We thank you for your complaint No. 202021011018536
In response to our advisory bank has submitted following documents: 1: Legal notice dated 25.10.2020 issued by complainant's advocate for unfreezing of account. 2. In response to bank's query, letter from MOEA, stating that maximum period for validity of passport is 10 years, 3. Copy of ED notice dated 30.12.2020 requesting BM to submit documents related with account of complainant Mr Rohit Jawa, 4. ED notice dated 4.12.2020 in r/o inquiry against Rohit Jawa under FEMA 2002, 5. Police complaint dated 20.11.2020 in respect of forgery in complainant's passport.
Observation: After study of above documents following facts were observed: In case of KYC documents complainant had submitted copy of passport valid from 2008 to 2028 which were raised doubt and bank has obtained maximum period of passport validity form passport issuing authority which was maximum for 10 years only.
Notices from ED dated 4.12.2020 was received by the bank regarding inquiry against Rohit Jawa under FEMA 2002 and asking for some documents. Notice from ED 30.12.2020 to bank asking for some additional documents.
BO Decision: Forgery of passport is the reason for freeze in accounts. ED has initiated investigations. (Various evidence attached) May be closed u/cl 13.1.a.
In this connection it is advised that we have examined the same and reject the same under Clause : 13 (1) (a)-Clause 13 1.a not on the grounds of complaint referred to in clause 8; of the Banking Ombudsman Scheme 2006."
Evident it is from the communication that it is because of the forgery of passport and initiation of an investigation by the Enforcement Directorate has resulted in freezing of the account. The petitioner for the reason best known to him has not disclosed these facts in the petition rather concealed these facts.
In view whereof, we are not inclined to entertain the petition where the petitioner has not come to the court with clean hands. consequently, petition fails and is dismissed.
However, in the present case, we refrain from imposing the cost on the petitioner and expect that the petitioner in future while filing a petition under Article 226 of the Constitution shall disclose all the relevant facts.
At this stage, learned counsel for the petitioner prays for withdrawal of petition with liberty to file fresh petition with fresh documents.
As we have held that the petition is not entertainable for the reason supra, we decline the prayer of the petitioner for withdrawal of petition and filing of fresh petition.
Needless to say, in case the petitioner has remedy in respect of action taken by the Enforcement Directorate, he is always at liberty to avail the same under law before appropriate forum.
No costs. "
We find that the petitioner has filed the present writ petition seeking, in effect, the same relief that was sought in the previous writ petition but, it is clothed in representations which is a masquerade. A second writ petition for the same cause of action is anyway not maintainable. No liberty was granted to the petitioner to file a fresh petition. In the present petition we also find that relevant facts have been concealed by the petitioner inasmuch as the learned counsel for the petitioner has not been able to point out any details of proceedings and the stage at which they are pending before the authorities concerned.
For the reasons aforesaid and given the observations in the previous judgment dated 04.05.2021 passed by this Court in WRIT - C No. - 10611 of 2021 this writ petition is dismissed with cost of Rs. 25,000/- which shall be payable by the petitioner within one month. On failure to pay the amount of cost, the amount shall be recovered from the petitioner as fine. The cost shall be deposited with the High Court Legal Services Committee, High Court Allahabad.
Order Date :- 30.1.2023/vkg
