Buddhadeb Mukherjjee v. Union of India and Ors.
Case brief
What is this about?
Bank fraud; third-party breach; zero liability of account holder; bank to refund illegally withdrawn funds; Axis Bank; breach reported within 3 days to bank and Police Station; police investigation pending; R.B.I. guidelines dated July 6, 2017 paragraphs 6 and 8 not considered by Single Judge; R.B.I. Ombudsman hearing opportunity denied — appellant out of India, hearing email not received; writ petition to be heard afresh; de novo hearing; impugned Single Judge order dated 03.09.2025 in WPA 7985 of 2025 set aside; FMA 1744 of 2025 and CAN 1 of 2025 disposed of; police report taken on record; no order as to costs; server copy.
What did the court decide?
Impugned order dated September 3, 2025 set aside; writ petition remanded to the writ court for de novo hearing upon exchange of affidavits (Affidavit-in-Opposition within two weeks; Affidavit-in-Reply two weeks thereafter); liberty to mention for urgent hearing; appeal FMA 1744 of 2025 and application CAN 1 of 2025 disposed of; respondents' advocates to be served copies of memorandum of appeal, application and writ petition within 48 hours; police report taken on record; no order as to costs; parties to act on server copy of the order.