( 2025:HHC:28179-DB ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12069 of 2024 Decided on: 19.08.2025 M/s Zoya Resort & Hotels & another ....Petitioners Versus Reserve Bank of India & others ....Respondents Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the Petitioners : Mr. Vishal Singh Thakur, Advocate. For the Respondents : Mr. Neeraj Sharma, Senior Advocate with Mr. Happy Thakur, Advocate, for respondent No.1. : Mr. Ashok Kumar Sood, Senior Advocate with Mr. Rajat, Advocate, for respondents No.2 & 3. : None for respondent No.4. G.S. Sandhawalia, Chief Justice (Oral). In the present Writ Petition, the following relief has been sought:- “(i) issue a writ in the nature of certiorari, calling for and quashing the impugned Fraud Monitoring Return/Report and all consequential proceedings arising therefrom including RC0962016A0004 dated 23.06.2016 (Annexure: P/7), vide which Respondent No.2/3 has declared the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Petitioners as fraud in terms of RBI Master Directions on Frauds-Classification and Reporting dated 01.07.2015 (Annexure: P/6) and RBI Circular dated 01.07.2016 titled ‘Master Directions on Frauds-Classification and Reporting by Commercial Banks and Select Financial Institutions’ (Annexure: P/9), in complete violation of principles of natural justice and behind the back of the Petitioners; (ii) issue a writ in the nature of prohibition, restraining the Respondents from initiating or continuing with any measures/proceedings on the basis of impugned Fraud Monitoring Return/Report and if taken direct the same to be placed on record and quash the same including criminal proceedings initiated pursuant to RC0962016A0004 dated 23.06.2016 (Annexure P/7); (iii) issue a writ in the nature of declaration, declaring illegal all actions taken by Respondent No.2/3 and consequently and specifically, direct that any instructions issued/information shared by the Respondents with external authorities/agencies, in pursuance to the circular are a nullity and have no effect; (iv) issue a writ in the nature of certiorari, calling for records and proceedings based on which the account of Petitioners have been declared as fraud and after going through the same, to quash and set aside the same;” 2. On the last date, the following order was passed:- “Counsel for respondents No.2 & 3 has placed on record communication dated 07.05.2025, whereby the petitioner’s loan account, which has been shown as “Borrower fraud account”, has been removed from the portal as such. Counsel for the petitioner accordingly prays for time to seek necessary instructions as to whether the petition has been rendered infructuous. In the meanwhile, office shall trace the reply. List on 19.08.2025.” 3. Counsel for respondent No.1-Bank has also brought to our notice that the challenge to the criminal proceedings by Cr.MMO No.69 of 2023 filed by Rajesh Mukhyan-petitioner No.2, 3 and who is the partner of the petitioner No.1, ended with no success and the prayer for quashing of criminal proceedings was dismissed on 03.01.2024. The said order has already been placed on record as Annexure R-2/A. 4. Counsel for the petitioner submits that he does not wish to press the present petition. Accordingly, the present petition is dimissed as withdrawn. 5. All pending application(s), if any, shall stand disposed off. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge 19th August, 2025 (munish thakur)