Petitioner landlord challenged RBI direction to vacate premises occupied by a bank where petitioner's son is a director. Court refused to consider grounds, dismissing petition based on discretion.
Petition dismissed in exercise of the Court's discretion; grounds refused.
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1 927.WP494.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITION NO.494/2020
Kesrimal Bansilal Lahoti Vs. Reserve Bank of India, Nagpur and another.
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Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
of directions and Registrar's orders
Shri N. L. Jaiswal, Advocate for the petitioner.
CORAM : R.K. DESHPANDE &
AMIT B. BORKAR, JJ. DATED : 24th JANUARY, 2020.
.The petitioner landlord is challenging the
direction issued by the Reserve Bank of India to Janata
Sahakari Bank Ltd. to vacate the premises in occupation and
possession of it, taken on rent from the petitioner. The
reason being that, the son of the petitioner is the Director of
the respondent No.2 – Bank.
2.The son of the petitioner was elected as
Director of Janata Sahakari Bank Ltd. in the year 2010 and
2016. He continues to remain as Director over the Bank,
even till this date. The Bank is in occupation and possession
of the premises, owned by the father of the petitioner, who
is getting regular rent in respect of the premises. It is a
question of conflict of interest.
3.In the background of the aforesaid factual
position, we refuse to consider all the grounds of the
challenge raised in the petition and dismiss it in exercise of
our discretion.
JUDGEJUDGE
RGurnule
3 issues framed by the court
Whether the High Court should grant relief in a writ petition filed by a landlord claiming conflict of interest because the son of the petitioner is a director of the tenant bank.
Whether the challenge to the Reserve Bank of India's direction to vacate premises raised in the writ petition warrants consideration.
Whether the Court should dispose of the petition summarily in exercise of discretion when it believes the challenge is based on a prohibited conflict of interest.
Kesrimal Bansilal Lahoti
Reserve Bank of India
Janata Sahakari Bank Ltd.
R.K. DESHPANDE
AMIT B. BORKAR
As recorded by the court registry
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