Ashiana Housing Ltd vs Reserve Bank Of India
2022 Latest Caselaw 10667 Raj

(1 of 2) [CW-8441/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8441/2022

Ashiana Housing Ltd., Having Its Registered Office At 5-F, Everest 46/c, Chowringhee Road, Kolkata 700071 And Regional Office At Ashiana Dwarka, Pal Sangria Byepass Road, Near DPS, Jodhpur, Rajasthan 342013, Through Its Senior Manager Administration And Authorized Signatory Shri Jitendra Bohra.

----Petitioner Versus

1. Reserve Bank Of India, Tonk Road, Rambagh, Jaipur (Raj.) Through Its Governor.

2. Bank Of Baroda, P.no. 113, Near Minerva Complex, Opp.

Janta Sweet Home, Station Road, Jodhpur Through Its Chief Manager.

3. Manoj Kumar Vyas S/o Sh. Dwarka Das Vyas, Aged About 43 Years, R/o E-57, Shastri Nagar, Jodhpur (Raj.).

----Respondents

For Petitioner(s) : Mr. Muktesh Maheshwari

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/08/2022

Heard learned counsel for the petitioner.

Learned counsel for the petitioner submits that the petitioner

had never taken loan from the Vijaya Bank and the petitioner is

only a person who has given a part of land to respondent No.3.

The respondent No.3 and other persons have borrowed the loans

from the concerned bank with which the petitioner is having no

connectivity at all. Learned counsel for the petitioner further

submits that the petitioner even received a notice dated

25.11.2021 from the bank which is placed on record as Annexure-

10. In the said notice also, the petitioner is not being stated to be

(2 of 2) [CW-8441/2022]

a borrower and the bank has only requested the petitioner to get

the full amount paid to the bank. He, therefore, submits that for

no fault of the petitioner, he has been classified as "fraud" in

accordance with the guidelines of the Reserve Bank of India issued

on 01.07.2016.

Learned counsel for the petitioner relies upon the judgment

of the Telangana High Court in Writ Petition No.19102/2019

decided on 10.12.2020 (Rajesh Agarwal V/s. Reserve Bank

of India, through Regional Director, 6 Sansad Marg & Ors.)

and the interim order passed by the Delhi High Court on

15.02.2019 in W.P.(C) No.306/2019 & CM Appl.

No.7039/2019 (Apple Sponge & Power Ltd. & Ors. V/s.

Reserve Bank of India & Anr.).

The matter requires consideration.

Issue notice. Issue notice of stay application also, returnable

on 22.09.2022.

Meanwhile and till the next date of hearing, the petitioner

shall not be treated as classified in the "fraud category" in Case

No. BOB2104-0016 dated 01.11.2021.

(VINIT KUMAR MATHUR),J

22-payal/-

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