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2025 DAILYLAW 142334 (ALL)

RAJ KUMAR GUPTA v. UNION OF INDIA THRU. PRIN. SECY. FINANCE SECY. NEW DELHI AND 2 OTHERS

WRIC/5212/2025 · 2025-06-12

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35383-DB Court No. - 2 Case :- WRIT - C No. - 5212 of 2025 Petitioner :- Raj Kumar Gupta Respondent :- Union Of India Thru. Prin. Secy. Finance Secy. New Delhi And 2 Others Counsel for Petitioner :- Om Prakash Srivastava,Atul Kumar Srivastava Counsel for Respondent :- A.S.G.I.,Anurag Srivastava,Arvind Kumar Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Shri Shyam Kumar Ray, Advocate has filed Vakalatnama on behalf of State Bank of India today in Court, which is taken on record. 2. Heard learned counsel for petitioner, Shri Shyam Kumar, learned counsel for State Bank of India and perused the material available on record. 3. By means of the present writ petition, the petitioner has prayed for a writ in the nature of nature of mandamus commanding the respondent no. 3to return the amount worth Rs.20,000/- with interest of 18%. It has also been prayed that the respondents be directed to pay Rs.5,00,000/- for harassment and mental agony. 4. At the very outset, learned counsel for the Bank raised a preliminary objection regarding the maintainability of the present writ petition on the ground of availability of remedy to the petitioner under the Banking Ombudsman Scheme 2006. Chapter 4 of the said scheme deals with the procedure for filing a complaint before the Banking Ombudsman. 5. On being confronted, taking note of aforesaid, the prayed for withdrawal of the writ petition with liberty to avail the remedy available to the petitioner under the Banking Ombudsman Scheme 2006. 6. Learned counsel for Bank does not have any objection to the said prayer made by learned counsel for petitioner. 7. In view of the aforesaid, this Court is of the considered view that no useful purpose would be served in keeping the petition pending and the same is disposed of with liberty to the petitioner to prefer a complaint in terms of the provisions of the Banking Ombudsman Scheme 2006. It is provided that in case the petitioner prefers a complaint in term of the provisions of aforesaid scheme within a period of two weeks from today, the same shall be considered and decided within thirty days from the date of receipt of the said complaint along with the certified copy of this order. Order Date :- 12.6.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench