Dismissed

M. Vivek v. the Reserve Bank of India(Rbi)

Madras HC6 Oct 2023WP(MD)/18456/2020

Case brief

AI extract

What is this about?

The Madras High Court held that since an FIR was registered for offences under specific acts, the petitioner's grievance is under police investigation. Consequently, the court disposed of the writ petition without costs, directing the petitioner to work out further remedies based on the criminal case outcome.

What did the court decide?

Writ petition disposed of; petitioner directed to work out further remedies depending on the result of the criminal case. No costs.

M. Vivek Vs the Reserve Bank of India(Rbi) — Consumer Protection | Madras HC (2023)

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W.P.(MD)No.18456 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.10.2023

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CORAM

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THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

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W.P.(MD)No.18456 of 2020 and W.M.P.(MD)No.15462 of 2020

M.Vivek

.. Petitioner

Versus

1.The Reserve Bank of India (RBI),

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6, Sansad Marg Area, New Delhi – 110 001.

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2.The Secretary, Union of India,

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Ministry of Communication and Information Technology, Sankar Bhawan,

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No.20 Asoha Road, New Delhi – 110 001.

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3.The Secretary, Ministry of Telecom and Information Technology, Government of Tamilnadu,

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Secretariat, Fort St. George, Chennai – 600 009.

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4.The District Collector, Thanjavur District, Thanjavur.

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5.The Superintendent of Police Thanjavur District, Thanjavur.

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6.The Sub Inspector of Police, Thiruvaiyaru Police Station, Thiruvaiyaru Taluk, Thanjavur District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.18456 of 2020

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7.The Telecom Regulatory Authority of India (TRAI), Mahanagar Door Sanchar Bhawan, Jawaharlal Nehru Marge (Old Minto Road), New Delhi – 110 002.

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8.The Superintendent of Police, Cyber Crime Cell, Women and Children crime related Section, Chennai, Tamil Nadu.

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9.Transunion CIBIL Limited, (Formerly Credit Information Bureau India Limited), One Indiabulls Center, Tower 2A, 19^th Floor, Senapati Bapat Marg, Elphinstone Road, Mumbai 400 013.

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10.The Business Head, E-Rupee Mobile App, (Namely Rhino Finance Private Limited), No.16 1^st Floor, Opp. to Honey Dew Bar and Restaurant, 19^th Cross RP Road, Nanjangud, Mysore – 571 301.

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11.Kredit Bee Mobile App (Namely Kredit Bee Pvt), 3^rd Floor, No.100, The Royal Stone Tech Park, Benninganahalli, K.R. Puram, Bengaluru, India – 560 016.

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Mr.Madhusudan Ekambaram, Co-Founder, CEO, Krazybee Private Limited, No.296, Behind Jublie Collage, Jinkethimana Halli, Ramamurthy Nagar, Bengaluru – 560 036. .. Respondents

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing to the respondents 1 to 7 to take appropriate action against 10^th respondent and his mother institution and https://www.mhc.tn.gov.in/judis his men and ban the E-rupee mobile app which was stealing the borrower

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W.P.(MD)No.18456 of 2020

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personal data, blackmail and digital Kanthuvatti platform and take necessary action by considering the petitioner's representations dated 08.01.2020 and 15.01.2020 within the time frame to be stipulated by this Court and pass an order directing the 10^th respondent to pay the petitioner, compensation of mental sufferings a sum of Rs.1,00,000/- (Rupees One Lakh).

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For Petitioner	:	M.Vivek Party-in-Person
For R2 and R7	:	Mr.S.Jeyasingh Senior Panel Counsel
For R4	:	Ms.D.Farjana Ghoushia Special Government Pleader
For R5, R6 & R8	:	Mr.R.Sivakumar Government Advocate (Criminal side)

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ORDER

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This Writ Petition has been filed seeking for issuance of Writ of Mandamus, directing the respondents 1 to 7 to take appropriate action against the 10^th respondent and their men and agents, based on the representations made by the petitioner on 08.01.2020 and 15.01.2020.

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2. When the matter was taken up for hearing today, the learned Government Advocate (Criminal side) appearing on behalf of the respondents 5, 6 and 8 submitted that based on the complaint given by the petitioner, an F.I.R. has been registered in Crime No.23 of 2021 on 10.01.2021 for the

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.18456 of 2020

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offences under Sections 3 and 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, Section 66-E of the Information Technology Act, 2000 and Section 506(i) I.P.C.

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3. In view of the above, the grievance expressed by the petitioner is now

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under investigation by the Police. Depending upon the result of the criminal case, the petitioner can work out his further remedies.

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4. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.

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NCC : Yes/No 06.10.2023 Index : Yes/No smn2

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1.The Reserve Bank of India (RBI),

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6, Sansad Marg Area, New Delhi – 110 001.

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2.The Secretary, Union of India, Ministry of Communication and Information Technology, Sankar Bhawan,

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No.20 Asoha Road, New Delhi – 110 001.

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3.The Secretary, Ministry of Telecom and Information Technology, Government of Tamilnadu,

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https://www.mhc.tn.gov.in/judis Secretariat, Fort St. George, Chennai – 600 009.

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W.P.(MD)No.18456 of 2020

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4.The District Collector, Thanjavur District, Thanjavur.

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5.The Superintendent of Police Thanjavur District, Thanjavur.

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6.The Sub Inspector of Police, Thiruvaiyaru Police Station, Thiruvaiyaru Taluk, Thanjavur District.

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7.The Telecom Regulatory Authority of India (TRAI), Mahanagar Door Sanchar Bhawan, Jawaharlal Nehru Marge (Old Minto Road), New Delhi – 110 002.

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8.The Superintendent of Police, Cyber Crime Cell, Women and Children crime related Section, Chennai, Tamil Nadu.

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9.Transunion CIBIL Limited,

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(Formerly Credit Information Bureau India Limited), One Indiabulls Center, Tower 2A, 19^th Floor, Senapati Bapat Marg, Elphinstone Road, Mumbai 400 013.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.18456 of 2020

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N.ANAND VENKATESH, J.

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smn2

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W.P.(MD) No.18456 of 2020 and W.M.P.(MD)No.15462 of 2020

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06.10.2023

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https://www.mhc.tn.gov.in/judis

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M. Vivek v. the Reserve Bank of India(Rbi)

Case brief

What is this about?

What did the court decide?

M. Vivek v. the Reserve Bank of India(Rbi)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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