M/S Gulati Oils India Pvt vs Jammu & Kashmir Bank Ltd. And Others
2025 Latest Caselaw 1012 J&K

Jammu & Kashmir High Court

M/S Gulati Oils India Pvt vs Jammu & Kashmir Bank Ltd. And Others on 21 February, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                  Sr. No.90

            HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU


                                         WP(C) No.323/2025
                                         CM No.710/2025


M/s Gulati Oils India Pvt.                                     .....Petitioner(s)

                      Through: Mr. Karman S. Johal, Advocate

                 Vs

Jammu & Kashmir Bank Ltd. and others                       ..... Respondent(s)


                      Through:   M   Mr.Raman Sharma, Advocate

Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                     ORDER

21.02.2025

The petitioner in this petition is seeking quashment of the Ombudsman

award bearing No.RBI/CMS/N 202324020002461/2023-24, dated 15.04.2024,

passed by respondent No.4 thereby the complaint of the petitioner for arbitrary

deduction of Rs.20,26,643/ on account of commitment charges, incidental

charges and withdrawal of interest commission and charging interest rate

retrospectively has been rejected.

Learned counsel for the petitioner has vehemently argued that the instant

petition is maintainable on account of the fact that the Scheme has not been

followed in right perspective. He has also relied upon a judgment of the

Supreme Court rendered in the case of Life Insurance Corporation of India and

others v. Asha Goel and another, (2001) 2 SCC 160.

Notice.

Mr. Raman Sharma, Advocate waives notice on behalf of the respondent

Nos. 1 to 3. He seeks and is granted four weeks' time for filing objections to the

petition.

Subject to taking of requisite steps within one week, notice shall be issued

to respondent No.4.

List on 2nd April, 2025.

(Moksha Khajuria Kazmi) Judge Jammu 21.02.2025 Vinod, PS