Kerala High Court
Sunitha.S vs Reserve Bank Of India on 15 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 41826 OF 2023
PETITIONER:
SUNITHA.S
AGED 47 YEARS, CHITHIRA,
TC 6/2445/5, EATTAYOORKONAM,
KURUVIKADU, VATTIYOORKAVU P.O,
THIRUVANANTHAPURAM, PIN - 695013
BY ADV.
SRI.M.R.SARIN
RESPONDENTS:
1 RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, HEAD OFFICE
MUMBAI MAHARASHTRA, PIN - 400029
2 THE ESAF BANK
ARUPPURA, VATTIYOORKAVU BRANCH,
VATTIYOORKAVU P.O, THIRUVANANTHAPURAM
PIN - 695013, REPRESENTED BY ITS MANAGER.
3 THE MANAGER
THE ESAF BANK, ARUPPURA, VATTIYOORKAVU
BRANCH, VATTIYOORKAVU P.O,
THIRUVANANTHAPURAM, PIN - 695013
4 DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF STATION HOUSE OFFICER,
CYBER CRIME POLICE STATION
THIRUVANTHAPURAM PTC BUILDING, THYCAUD
THIRUVANANTHAPURAM, PIN - 695014
5 THE INSPECTOR OF POLICE
CYBER CRIME POLICE STATION, VIKAS BHAVAN,
KSRTC DEPOT, VIKAS LN, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM, PIN - 695033
6 THE BRANCH MANAGER
JIO PAYMENTS BANK RTGS-HO BRANCH
[IFSC JIO P0000001 ] RELIANCE COOPERATIVE
PARK GHANSOLI NAVI MUMBAI DISTRICT
MAHARASHTRA INDIA, PIN - 400701
7 THE NODAL OFFICER
JIO PAYMENTS BANK LIMITED,
W.P.(C).No. 41826 of 2023
:2:
BANK RTGS-HO BRANCH [IFSC JIO P0000001]
RELIANCE COOPERATIVE PARK GHANSOLI
NAVI MUMBAI DISTRICT MAHARASHTRA
INDIA, PIN - 400701
8 NATIONAL CYBER REPORTING PORTAL
REPRESENTED BY ITS DIRECTOR,
NATIONAL HIGHWAY -8 MAHIPALPUR,
NEW DELHI, PIN - 110037
9 STATE POLICE CHIEF
STAFF POLICE CHIEF HEADQUARTERS
VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN - 695014
10 THE CITY POLICE COMMISSIONER
OFFICE OF CITY POLICE COMMISSIONER
POLICE GROUND, CV RAMAN PILLAI RD,
PANAVILA, THYCAUD, THIRUVANANTHAPURAM,
KERALA, PIN - 695014
BY ADVS.
B.S.SURESH KUMAR
ASHLEY JOHN(K/000719/2015)
ANUSREE C.S.(K/1438/2021)
RANJANA V.(K/001646/2000)
SRI.MILLU DANDAPANI - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No. 41826 of 2023
:3:
JUDGMENT
Amidst the various allegations, averments, and
assertions made and urged in this writ petition, when this
matter was called today, the learned counsel for the
petitioner - Sri.Sarin, confined his plea that the 3 rd
respondent be directed to take up and dispose of Ext.P7
representation of his client, within a time frame to be fixed by
this Court.
2. Sri.B.S.Suresh Kumar - learned Standing Counsel for
the 2nd respondent - ESAF Bank, in response, submitted that
if the petitioner only requires Ext.P7 to be taken up and
disposed of by the competent Authority of the 2 nd respondent,
there does not appear to be any legal impediment in doing so;
but prayed that this Court may not make any affirmative
declarations in her favour and leave it to the said respondent
to take an appropriate decision thereon, as per law. He,
however, added that this may not bear fruit to the petitioner,
because he concedes that she had parted with the OTP; but
that this will also be an issue that the Authority will consider
in terms of law.
3. I notice from the file that, service to respondents 1, 6
and 7 have not been completed; however, am of the view that,
since this Court is only directing the competent Authority of
the 2nd respondent to consider Ext.P7, they will not stand
prejudiced on account of such fact.
In the afore circumstances, I allow this writ petition, to
the limited extent of directing the competent Authority of the
2nd respondent - ESAF Bank, to take up Ext.P7 representation
of the petitioner and dispose of the same, after affording her
and the party respondents, an opportunity of being heard;
thus culminating in an appropriate order and necessary
action thereon, as expeditiously as is possible, but not later
than two months from the date of receipt of a copy of this
judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 41826/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY RECEIPT FIXED DEPOSIT NO
10220001131052 ISSUED BY 3RD RESPONDENT
TO THE PETITIONER ON 11.07.2022
Exhibit P2 THE TRUE COPY OF FIR IN CRIME NO.
0011/2023 IN CYBER CRIME PS
THIRUVANANTHAPURAM CITY
ExhibitP3 THE TRUE COPY OF REPRESENTATION LETTER
FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED ON 28.03.2023
Exhibit P4 THE TRUE COPY OF REPRESENTATION LETTER
FILED BY THE PETITIONER BEFORE THE
OMBUDSMAN RESERVE BANK OF INDIA DATED ON
07/07/2023
Exhibit P5 THE TRUE COPY OF LETTER ISSUED BY THE
4TH RESPONDENT TO 3RD RESPONDENT DATED
ON 02/08/2023
Exhibit P7 THE TRUE COPY OF REPRESENTATION LETTER
FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED ON 02/11/2023
Exhibit P8 THE TRUE COPY OF LETTER ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER DATED
ON 08.11.2023
Exhibit P9 THE TRUE COPY OF REPRESENTATION LETTER
FILED BY THE PETITIONER BEFORE THE 10TH
RESPONDENT DATED ON 02/11/2023
Exhibit P10 THE TRUE COPY OF THE JUDGEMENT REPORTED
IN 2023 KHC ONLINE 661 DR SAJEEV VS
RESERVE BANK OF INDIA AUTHORITIES DATED
25.09.2023
RESPONDENTS' EXHIBITS : NIL.
