S.M.Santos Kumar Vs The Banking Ombudsman — Writ and Judicial Review | Madras HC (2025)

S.M.Santos Kumar Vs The Banking Ombudsman — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Impugned communication dated 24.07.2019 of respondent No.1 (Banking Ombudsman) quashed and set aside; matter remanded for de novo consideration; respondent No.1 directed to pass a fresh reasoned order after a personal hearing with at least five working days' notice; interim applications disposed of; no order as to costs.

Issue for consideration

Whether the impugned communication dated 24.07.2019 passed by the Banking Ombudsman (respondent No.1), being without any reason, could be sustained.

Court's answer

The impugned communication dated 24.07.2019 passed by respondent No.1 (Banking Ombudsman) is without any reason and cannot be sustained.

Ratio / Principle

Without going into the merits of the matter, the Court quashed and set aside the impugned communication dated 24.07.2019 and remanded the matter for de novo consideration.

Key takeaways

Respondent No.1 shall pass a fresh order on the petitioner's complaint, which shall be a reasoned order dealing with all submissions of the petitioner, after giving a personal hearing with notice communicated at least five working days in advance.ratio¶43
All rights and contentions of the parties are kept open and the Court has made no observation on the merits of the matter.ratio¶45

Detailed headnote1 paragraphs

WP No.3457 of 2020 (High Court of Judicature at Madras; coram: K.R. Shriram, Chief Justice and Senthilkumar Ramamoorthy, Judge; order made by the Chief Justice; decision dated 03.01.2025) - Certiorarified mandamus under Article 226 against a Banking Ombudsman order: The petitioner sought quashing of the Banking Ombudsman's order dated 24.07.2019 in complaint no.2018190060009086 (renumbered 201819006010783) and fresh disposal of his complaint on merits. Observing that the impugned communication was without any reason and could not be sustained - a view with which counsel for the Ombudsman and counsel for the bank concurred - the Court, without going into the merits, quashed and set aside the communication and remanded the matter for de novo consideration. Respondent No.1 was directed to pass a fresh reasoned order dealing with all the petitioner's submissions after giving a personal hearing, with notice communicated at least five working days in advance. All rights and contentions kept open; no observation made on the merits. Petition disposed; interim applications disposed; no costs.

WP No.3457 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

WP No.3457 of 2020 and

WMP Nos.4034, 4039 of 2020

S.M.Santos Kumar

: Petitioner

versus

1.The Banking Ombudsman,

C/o Reserve Bank of India,

rep. By its Asst General Manager Fort Glacis, No.16, Rajaji Salai,

Chennai 1

2.DBS Bank India Ltd.,

rep. By its President & Chief Operating Officer, Corporate Office, LVB House, 4/1, Sardar Patel Road,

Guindy, Chennai 32

3.DBS Bank India Ltd.,

rep. By its Brnach Manager, Vengambedu Branch, Karur District

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WP No.3457 of 2020

4.Authorised Officer DBS Bank India Ltd., Regional Office, 2^nd Floor, Registered Office Building, Salem Main Road, Kathaparai, Karur 639 006

5.The General Manager, District Industries Centre, 10/69, Sathamurthy Nagar, Thanthonimalai, Karur : Respondents

(R-2 to R-4 amended as per order dated 08.11.2024 in WMP No.36803/2024)

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records and order dated 24.07.2019 passed by the 1^st respondent in complaint no.2018190060009086 renumbered as 201819006010783 and quash the same and further direct the 1^st respondent to decide and dispose of the above complaint on merits and in accordance with principles of justice.

For Petitioner : Mr.Anirudh Krishnan for Mr.S.Kaushik Ramaswamy For 1^st Respondent : Mr.C.Mohan for M/s.King and Partridge For Respondent 2, 3, 4 : Mr.C.Kannan For Respondent No.5 : Mr.Habeeb Rahman, Government Advocate

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WP No.3457 of 2020

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

Petitioner is impugning an order dated 24.07.2019 on various grounds.

When we observed, after considering the contents of the impugned communication dated 24.07.2019, that it is without any reason and cannot be sustained, counsel for respondent No.1, the banking ombudsman, in fairness, as an officer of the Court, agreed with the Court that the order could have been better written and contained better reasons.

Mr.R.Kannan, appearing for the bank, also concurred with the view expressed by the Court.

Therefore, without going into the merits of the matter, we hereby quash and set aside the impugned communication dated 24.07.2019 and remand the matter for de novo consideration.

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WP No.3457 of 2020

Respondent No.1 shall pass a fresh order, after considering the

complaint filed by petitioner, and before passing an order, which shall be a reasoned order dealing with all submissions of petitioner, also give a personal hearing, notice whereof shall be communicated at least five working days in advance.

All rights and contentions are kept open. We also hasten to add

that we have not made any observation on the merits of the matter.

Petition disposed. There will be no order as to costs. Consequently,

all the interim applications also stand disposed of.

(K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 03.01.2025

Index : Yes/No Neutral Citation : Yes/No tar

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WP No.3457 of 2020

To

1.The Asst General Manager Banking Ombudsman, C/o Reserve Bank of India, Fort Glacis, No.16, Rajaji Salai, Chennai 1

2.The General Manager, District Industries Centre, 10/69, Sathamurthy Nagar, Thanthonimalai, Karur

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WP No.3457 of 2020

THE HON'BLE CHIEF JUSTICE

AND SENTHILKUMAR RAMAMOORTHY, J.

(tar)

WP No.3457 of 2020

03.01.2025

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