The single-judge High Court of Andhra Pradesh dismissed a writ petition challenging the respondents' authority to float an OTS scheme per RBI guidelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 11968 of 2005
Between:
M/s. Pushkar Appliances Limited, A Public Limited Company, Ranigunj, Secunderabad-500 003 Rep. by its Managing Director, Mr. Ramchandra Partani, S/o. Sri Balkishan Partani.
..... PETITIONER
AND
.....RESPONDENTS
ORDER:
Though this matter had come up earlier for several times, none appeared and there is no representation on behalf of the petitioner. Even today when the matter has come up, none appears and there is no representation on behalf of the petitioner.
The prayer in the writ petition is to direct the first respondent to enquire into the affairs of the second respondent insofar as acceptance of OTS proposals is concerned and call upon the first respondent to direct the second respondent to accept the OTS proposal in the case of the petitioner as per the revised guidelines issued by the RBI.
It is for the respondents to float OTS scheme. No right of respondent is infringed so as to call for interference by this Court. It is for the Government as well as the cooperative bank to take appropriate decision to implement OTS scheme in the bank in pursuance of the RBI guidelines. In the absence of any violation of the statutory rules alleged, the writ petition is devoid of merits and it is liable to be dismissed.
Accordingly, the writ petition is dismissed. No costs.
12-09-2005
1 issue framed by the court
Whether the High Court can interfere with the respondents' decision to float an OTS scheme in pursuance of RBI guidelines in the absence of statutory rule violation.
M/s. Pushkar Appliances Limited Rep. by its Managing Director, Mr. Ramchandra Partani
The District Co-operative Officers, Hyderabad (Urban)
The Managing Director, AS.P. Vardhaman (Mahila) Co-operative Urban Bank Limited
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
