Kerala High Court
Nazimuddin Abdul Rasheed vs The Banking Ombudsman on 12 April, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 13254 OF 2024
PETITIONER:
NAZIMUDDIN ABDUL RASHEED
AGED 72 YEARS, S/O E.A. RASHEED, KUNNIL HEIGHTS,
FLAT NO. 6B KUZHUVILA,
KARIMANAL BEACH P.O. THIRUVANANTHAPURAM, KERALA,,
PIN - 695 583.
BY ADVS.
DHEERAJ KRISHNAN PEROT
VINEETHA A.A.
ARYA DEVASIA
SREERAG S.
MEGHA
SREEPRIYA K.U.
RESPONDENTS:
1 THE BANKING OMBUDSMAN
RESERVE BANK OF INDIA THIRUVANANTHAPURAM BRANCH
OFFICE NO.6507, BAKERY JCT RD, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, KERALA,
PIN - 695 033.
2 THE BRANCH MANAGER
FEDERAL BANK, BR. PONGUMOODU BHAGAVATHY PLAZA,
MEDICAL COLLEGE, PONGUMOODU, THIRUVANANTHAPURAM,
KERALA,
PIN - 695 011.
BY ADVS.
MOHAN JACOB GEORGE
LAWRENCE D CUNHA
MATHEW BONSTANE(K/151/2015)
MATHEW KURIAN MATTAM(K/001009/2021)
JIJO ISAAC(K/1025/2002)
AMRUTHA S. MENON(K/001069/2024)
GODWIN JOSE(K/103/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, ALONG WITH WP(C).13610/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.13254 and 13610 of 2024
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 13610 OF 2024
PETITIONER:
NISSAM M.
AGED 44 YEARS, C/O MAHADOON, 31/2761-1,
SWATHY NAGAR, PIPPINMOODU, THIRUVANANTHAPURAM,
PIN - 695 003.
BY ADVS.
DHEERAJ KRISHNAN PEROT
VINEETHA A.A.
SREERAG S.
ARYA DEVASIA
MEGHA
SREEPRIYA K.U.
RESPONDENTS:
1 THE BANKING OMBUDSMAN
RESERVE BANK OF INDIA THIRUVANANTHAPURAM BRANCH OFFICE
NO.6507, BAKERY JCT RD, NANDAVANAM,
PALAYAM, THIRUVANANTHAPURAM, KERALA,
PIN - 695 033.
2 THE BRANCH MANAGER
FEDERAL BANK, BR. PONGUMOODU BHAGAVATHY PLAZA, MEDICAL
COLLEGE, PONGUMOODU, THIRUVANANTHAPURAM, KERALA, PIN -
695 011.
BY ADVS.
MOHAN JACOB GEORGE
LAWRENCE D CUNHA
MATHEW BONSTANE(K/151/2015)
MATHEW KURIAN MATTAM(K/001009/2021)
JIJO ISAAC(K/1025/2002)
AMRUTHA S. MENON(K/001069/2024)
GODWIN JOSE(K/103/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C).13254/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.13254 and 13610 of 2024
:3:
JUDGMENT
Dated this the 12th day of April, 2024
Admit. Standing Counsel takes notice for the 2nd
respondent and notice to the 1st respondent is dispensed with.
2. The complaints filed by the petitioners before the 1 st
respondent have been rejected on the ground that the petitioners
have not approached the 2nd respondent. The case of the petitioners
is that the petitioners had approached the 2nd respondent.
3. Standing Counsel for the 2nd respondent also submits
that the petitioners had approached the 2nd respondent.
In the above circumstances, Ext.P5 orders in both these
writ petitions are set aside. There will be a direction to the 1 st
respondent to reconsider the complaints, issued with notice to the
parties at the earliest, at any rate within two months from the date
of receipt of a copy of this judgment.
Sd/-
T.R. RAVI
AMR JUDGE
W.P.(C) Nos.13254 and 13610 of 2024
APPENDIX OF WP(C) 13254/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE DATED 30.09.2022.
Exhibit P2 TRUE COPY OF THE LATEST SANCTION ORDER DATED
31.01.2023.
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 21.09.2023.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 21.09.2023
MADE TO THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPLY LETTER DATED
04.10.2023.
Exhibit P6 TRUE COPY OF THE REPLY DATED 25.10.2023.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 13.03.2024.
W.P.(C) Nos.13254 and 13610 of 2024
APPENDIX OF WP(C) 13610/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE DATED 28.01.2022.
Exhibit P2 TRUE COPY OF THE LATEST SANCTION ORDER DATED
24.02.2023.
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 07.10.2023.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 21.09.2023
MADE TO THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPLY LETTER DATED
26.09.2023.
Exhibit P6 T RUE COPY OF THE REPLY BY THE 2ND
RESPONDENT DATED 13.12.2023.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WPC 7947 OF
2024 DATED 13.03.2024.
