2024 (9) TMI 608

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....tion of this Court under Article 226 of the Constitution of India, 1950, seeking the following reliefs: "(a) Issue an appropriate Writ thereby quashing the Order dated 11/02/2021 passed by the respondent no.1 in a mechanical manner and without assigning any reason to the same, or/ and, (b) Remand-Back the matter with direction to the respondent no.2 to follow the procedure as mentioned in the Banking Ombudsman Scheme, 2006 while deciding the complaint of the petitioner and to further dispose the same with a reasoned and just Order. (c) Issue an appropriate Writ thereby directing the respondent no.2 to show the reasons and procedure adopted by them for declaring the. petitioner asan NPA. (d) Direct the res....

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....th respondent No.1 i.e. the Banking Ombudsman (Delhi) (hereinafter referred to as the 'Ombudsman') raising a grievance that its account had been declared as NPA Non-Performing Asset contrary to the notification dated July 01, 2015 issued by the Reserve Bank of India under the "Secutrization Companies and Reconstruction Companies (Reserve Bank) Guidelines and Directions dated 2003" without following the prescribed procedure. The said complaint was dismissed by the Ombudsman assigning the following reasons: "5. Your complaint has thus been closed under clause 13(1 )(a) of the Banking Ombudsman Scheme, 2006 (As amended upto July 01,2017) which states that the "The Banking Ombudsman may reject a complaint at any stage. If it appears to....

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....ropriate damages to the petitioner. 6. During the course of arguments, it is brought out that in terms of the sanction letter dated 16.01.2018 vide Clause (29)inter alia, it was specifically provided that "company firm will deal exclusively with us viz. (Bank) and will not open any account in any other bank without our permission". Further, one of the other terms & conditions of the sanction letter stated that an undertaking would be filed by the petitioner to the effect that "party has to route the whole turn over through our account only". While it was conveniently brought out by the learned counsel for the petitioner that the bank account with the BOB was opened as per the certificate dated 20.05.1996 (A-9)and was much prior to the sa....