1 2025:CGHC:59117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 387 of 2025 1 - Pushpa Minj W/o Late Shri Ajeet Kumar Minj Aged About 56 Years Presently Working As Teacher At Govt. Middle School Gujarwar District - Sarguja (C.G.) R/o Village Gujarwar, Post Patora Tehsil Lundra District - Surajpur (C.G.) 2 - Ishwar Kujur S/o Shri Benjamin Kujur Aged About 40 Years R/o Village Sikri P.O. Gajma Tehsil Manora District - Jashpur (C.G.) 3 - Devsharan Singh S/o Late Shri Amalsai Singh Aged About 47 Years R/o Village Basnara Post Moharso Tehsil Biharpur District - Surajpur (C.G.) ... Petitioner(s) versus 1 - Union Of India Through Department Of Financial Services Ministry Of Finance 3rd Floor, Jeevan Deep Building Sansad Marg, New Delhi – 110001 2 - State Of Chhattisgarh Through Director Directorate Of Institutional Finance Finance Department Govt. Of Chhattisgarh Indrawati Bhavan Naya Raipur (C.G.) 3 - Reserve Bank Of India, Through Governor Reserve Bank Of India 4th Floor Amar Building Sir P.M. Road Mumbai - 400001 (M.S.) 4 - Banking Ombudsman Reserve Bank Of India Regional Office Raipur Subhashish Parisar Satya Prem Vihar, Mahadev Ghat 2 Road, Sundar Nagar, District - Raipur (C.G.) 5 - Aditya Birla Capital Limited Having Corporate Office At 18th Floor Tower 1, One World Centre Jupiter Mill Compound 841 Senapati Bapat Marg Elphinstone Road Mumbai - 400013 6 - Cholamandalam Investment And Finance Company Limited (C I F C L) Having Corporate Office At Chola Crest C 54-55 And Super B-4 Thiru Vi-Ka Industrial Estate Guindy Chennai - 600032 7 - Icici Bank Limited Having Its Registered Office At Trishul Opposite Samartheshwan Temple Ellis Bridge Ahmedabad - 380006 Icici Bank Limited Having Its Registered Office At Icici Bank Tower Near Chakli Circle Old Padra Road Vadodara - 390007 Gujarat 8 - Axis Bank Limited Having Its Registered Office At Trishul Opposite Samartheshwan Temple Ellis Bridge Ahmedabad - 380006 9 - Spash Advisor Private Limited Through Its Proprietor Manoj Kumar Pradhan Having Registered Office At Office No. Ff, 1st Floor, Dm Plaza Naighar Chowk Chhota Para, Raipur (C.G.) - 492001 Branch Office At Behind Vashundhara City Mall, Near Tulsi Chowk Gangapur, Ambikapur Surajpur (C.G.) - 497001 10 - RV Group Through Its Proprietor Abhay Gupta Having Registered Office At Office No. Ff, 1st Floor Dm Plaza Naighar Chowk Chhota Para Raipur (C.G.) – 492001. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioners : Mr. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioners : Mr. Dhiraj Wankhede, Advocate with Mr. Anirudh Singh, Advocate. For the State : Mr. Ajit Singh, GA. For the Bank : Mr. PR Patankar, Advocate. For the UOI : Mr. Tushar Dhar Diwan, Advocate. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 3 05.12.2025 1. Petitioner has filed this petition seeking following reliefs: “It is, therefore, most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to review the order dated 12.09.2025 (Annexure A/1) passed by this Hon'ble court in WPC No. 4871 of 2025 and further, be pleased to give interim relief to the applicants in light of the order dated 08.05.2025 passed in WPC No.2424 of 2025 and order dated 30.07.2025 passed in Review Petition No. 178 of 2025 and restrain the banking Authorities from taking any coercive steps against the applicants / petitioners until the final decision is rendered by the Ombudsmen in the complaints filed by the Petitioners, or until further orders, whichever is earlier. 2. Learned counsel for the petitioner contended that at the time of hearing of the writ petition, this Court heard the arguments given by the contesting party and perused the annexures filed alongwith the writ petition. More specifically, this Court perused the order dated 08.05.2025 bearing WPC No.2424 of 2025 and order dated 30.07.2025 bearing Review Petition no.178 Of 2025 (Annexure A/2), where in the identical set of facts, the coordinate bench of this Court directed the petitioners therein to file appropriate applications before the Banking Ombudsmen and also granted interim protection to the Petitioners therein until final decision is rendered by Ombudsman. This Court at the time of hearing of the writ petition also directed/granted the interim protection restraining 4 the Banking Authorities from taking coercive steps against the petitioners until the final decision is rendered by the Ombudsmen on the complaint/application of the petitioners, or until further orders, whichever is earlier. The limited ground of challenge in the present petition is that impugned order is contrary to what was prayed/submitted and observed by this Court at the time of hearing of writ petition on 12.09.2025. The submissions of the Petitioner recorded in the impugned order is completely different from what is pleaded in meno of writ petition filed by the Petitioners/Applicants herein. On the other hand, the submissions and relief granted in the impugned order matched with the order passed in another unconnected writ petition bearing WPC No. 3684/2025 where the interim protection was not granted to the petitioners therein. Due to the change in contents of the impugned order, the relief granted to the Petitioners/Applicants herein is omitted. Hence, the Petitioners have filed this petition for review of order dated 12.09.2025 for recording of correct observations in the said order. 3. Learned counsel for the respective respondents supports the order dated 12.09.2025 passed by this Court in WPC No.4871/2025. 4. Heard learned counsel for the parties. 5. Vide order dated 12.09.2025 passed in WPC No. 4871 of 2025 (Pushpa Minj and Ors versus Union of India and Ors), this Court has passed the following direction/order: “6. Considering facts and circumstances of the case, 5 submission made by learned counsel for the parties, aforesaid direction issued by the Reserve Bank of India (Digital Lending) Directions, 2025, particularly the fact that alternative remedy is available to the petitioners to file appropriate application/complaint before the banking ombudsman, this writ petition is disposed of permitting the petitioners to submit their application/complaint before the concerned banking ombudsman and in-turn the banking ombudsman shall consider and decide same in accordance with rules/regulation/law governed in the field within a period of ‘30 days’ from the date of receipt of such complaint/application. 6. By way of this review petition, learned counsel for petitioners has invited attention of this Court to the mistake which has occurred in the impugned order that the submissions and relief granted in the impugned order matched with the order passed in another unconnected writ petition bearing WPC No. 3684/2025 where the interim protection was not granted to the petitioners therein. The impugned order is contrary to what was submitted/prayer and observed by this Court at the time of hearing of writ petition on 12.09.2025. 7. Be that as it is, the fact remains that the order, which was passed by this Court and dictated in the open Court has not been carried in the written order. Therefore, the error crept in order under review being purely an inadvertent error, which needs to be corrected. 6 8. Accordingly, it is ordered that Para-6 of the order dated 12.09.2025 passed in WPC No.4871/2025 shall stand replaced/substituted as follows:- “6. Considering facts and circumstances of the case, submission made by learned counsel for the parties, aforesaid direction issued by the Reserve Bank of India (Digital Lending) Directions, 2025, particularly the fact that alternative remedy is available to the petitioners to file appropriate application/complaint before the banking ombudsman, this writ petition is disposed of permitting the petitioners to submit their application/complaint before the concerned banking ombudsman and in-turn the banking ombudsman shall consider and decide same in accordance with rules/regulation/law governed in the field within a period of ‘45 days’ from the date of receipt of such complaint/application. Till decision on application/complaint of the petitioners, no coercive steps shall be taken against the petitioners. 9. A copy of this order be placed in WPC No.4871/2025 and also supplied alongwith copy of order dated 12.09.2025. 10. With the aforesaid modification, review petition is allowed and disposed of. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-