1 2025:CGHC:49985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 315 of 2025 1 - Preeti Sidar W/o Shri Shashi Kumar Kerketta Aged About 35 Years R/o Chandrashekhar Azad Ward, Ward No.-16, Kumhar Para, Post - Fundurdihari, Tehsil - Ambikapur, District - Surguja (Chhattisgarh), Pin Code - 497001 2 - Vinit Singh S/o Shri Visheshwar Singh Aged About 38 Years R/o Opposite Of New Hanuman Mandir, Rajendra Prasad Ward No.-43, Near Harimangalam Marriage Hall, Darripara, Post - Ambikapur, Tehsil - Ambikapur, District - Surguja (Chhattisgarh), Pin Code - 497001 3 - Anup Kumar Singh S/o Shri Pandit Ram Aged About 38 Years R/o Ward No.-08, Lakrapara, Post -Ambikapur, District - Surguja (Chhattisgarh) 497001 4 - Harish Kumar Parjapati S/o Late Shri Charitraparsad Aged About 46 Years R/o Ward No.-07, School Gali, Near To Chath Talab, Gandhinagar, P.O. -Ambikapur, Tehsil - Ambikapur, District - Surguja (Chhattisgarh) 497001 5 - Mrs. Sona Singh W/o Shri Hariprasad Aged About 39 Years R/o Rawat Residensi, Manendragarh Road, Ambikapur, Post -Ambikapur, Tehsil - Ambikapur, District - Surguja (Chhattisgarh) 497001 6 - Mrs Kalavati Sandilya W/o Shri Dilip Singh Shyam Aged About 38 Years R/o Vill. - Wadrafnagar, Post - Wadrafnagar, Tehsil - Wadrafnagar, District Balrampur-Ramanujganj (Chhattisgarh), 497225 7 - Pramod Kumar Toppo S/o Late Shri Bachchu Ram Aged About 40 Years R/o Vill. - Parvatipur, Post/ Tehsil - Latori, District - Surajpur, (Chhattisgarh), 497001 2 8 - Rajnath Tirkey S/o Shri Jaynath Tirkey Aged About 54 Years R/o Vill. - Karadana, Post/ Tehsil - Batauli, District - Surguja (Chhattisgarh), 497101 9 - Jeevan Beck S/o Shri Fulchand Beck Aged About 54 Years Village/ Post - Bachikela, Tehsil - Batauli, District - Surguja (Chhattisgarh), 497101 10 - Chandkeshwar S/o Shri Ramdev Ram Aged About 55 Years R/o Vill. - Kunjnagar Jhamarpara, Post - Jaynagar, Tehsil/ District - Surajpur (Chhattisgarh), 497226 11 - Rameshwar Singh S/o Shri Gajan Singh Aged About 55 Years R/o Village - Kurunva, Post - Dedari, Police Station/ Tehsil - Vishrampur, District - Surajpur, (Chhattisgarh), 497229 12 - Manish Kumar Lakra S/o Shri Sadhu Ram Aged About 35 Years R/o Vill. - Amari, Post - Batauli, Tehsil - Lundra, District - Sarguja (Chhattisgarh), 497101 13 - Rampratap Sahu S/o Late Shri Vishvanath Sahu Aged About 57 Years R/o Vill. - Salaka, Post - Mansukh, Tehsil - Baikunthpur, District - Koriya, Chhattisgarh 497335 14 - Puran Lal S/o Shri Satyanarayan Aged About 34 Years R/o Village - Bodar, Post/ Tehsil - Sonahat, District - Koriya, Chhattisgarh 497339 15 - Jagdhari S/o Shri Nadhira Aged About 56 Years R/o Village - Mohanpur, Post - Haldibari, Tehsil - Chirmiri, District - M.C.B., Chhattisgarh, 497451 16 - Bhaiyo Ekka S/o Shri Timthiyus Ekka Aged About 56 Years R/o Ward No.-04, Muktipara, Post - Ambikapur, Tehsil - Ambikapur, District - Surguja (Chhattisgarh), 497001 17 - Super Panna S/o Shri Ramdhani Ram Aged About 49 Years R/o Vill. - Benai, Post - Girhuldih, Tehsil - Sitapur, District - Sarguja (Chhattisgarh), 497111 18 - Lalman Singh S/o Shri Tiwari Lal Singh Aged About 35 Years R/o Vill. - Jagarnathpur, Post - Dharampur, Tehsil - Pratappur, District - Surajpur (Chhattisgarh) 497223 19 - Mrs. Neelam Singh W/o Shri Rupnarayan Painkara Aged About 43 Years R/o Vill. - Kosanga, Post - Lakhanpur, Tehsil - Lakhanpur, District - Sarguja (Chhattisgarh), 497116 20 - Devnarayan Singh S/o Late Shri Ramprasad Singh Aged About 51 Years R/o Village - 3 Sirkotanga, Post - Lahpatara, Tehsil - Lakhanpur, District - Surguja (Chhattisgarh), 497116 21 - Jwala Parsad Kurre S/o Late Shri Itwari Kurre Aged About 50 Years R/o Village/ Post - Devnagar, Tehsil - Ramanujnagar, District - Surajpur 497333 22 - Mukesh Barwa S/o Shri Tej Kumar Barwa Aged About 36 Years R/o Ward No.-48, Vishunpur, Kanwarpara, Near To Power House, Post - Ambikapur, Tehsil - Ambikapur, District - Sarguja (Chhattisgarh), 497001 23 - Huleshwar Singh Painkara S/o Shri Sukhnandan Ram Aged About 40 Years R/o Vill. - Mudgaanv, Post - Dandgaon, Tehsil - Udaypur, District - Sarguja (Chhattisgarh), 497116 24 - Siyon Xalxo D/o Shri Suleman Aged About 31 Years R/o Vill. - Kanthgajor, Post - Pangsuwa, Tehsil - Pathalgaon, District - Jashpur, Chhattisgarh, 496220 25 - Kaushalya Ekka D/o Late Shri Muneshwar Ekka Aged About 38 Years R/o Vill. - Aama Dafai, Post - Koriya Kaulari, Tehsil - Baikunthpur, District - Koriya, Chhattisgarh, 497559 26 - Kedarnath Ram S/o Late Shri Gariba Ram Aged About 58 Years R/o Vill. - Parri, Post - Turana, Tehsil - Lakhanpur, District - Surguja (Chhattisgarh), 497116 27 - Rambali Singh D/o Late Shri Dalip Ram Aged About 38 Years R/o Village - Rajapur, Post - Jaynagar, Tehsil/ District - Surajpur, Chhattisgarh 497226 28 - Vinita Minj D/o Shri Amrit Minj Aged About 32 Years R/o Vill. - Chandragarh, Post - Parsagudhi, Tehsil - Rajpur, District Balrampur-Ramanujganj, Chhattisgarh, 497118 29 - Jyoti Kujur W/o Shri Rajendra Kujur Aged About 53 Years R/o Namanakala, Ambikapur, Near To Power House, Post - Ambikapur, Tehsil - Ambikapur, District - Sarguja (Chhattisgarh), 497001 30 - Sangit Kumar Pandav S/o Shri Lal Baran Pandav Aged About 37 Years R/o Vill. - Manpur, Post - Dawana, Tehsil - Bhaiyanath, District - Surajpur, Chhattisgarh, 497235 31 - Devendra Singh Painkra S/o Shri Ramjit Ram Painkara Aged About 38 Years R/o Vill./ Post - Turna, Tehsil - Lakhanpur, District - Sarguja (Chhattisgarh), 497116 32 - Krishna Kumar Singh S/o Shri Sahat Ram Aged About 33 Years R/o Vill. - Kusu, Post - Turana, Tehsil - Lakhanpur, District - Sarguja (Chhattisgarh), 497116 4 33 - Saurabh Shrivastav S/o Shri Santosh Kumar Shrivastav Aged About 35 Years R/o Ward No.-05, Godhanpur, Post/ Tehsil - Ambikapur, District - Sarguja (Chhattisgarh), 497001 34 - Dilip Painkra S/o Sobhnath Painkra Aged About 37 Years R/o Vill./ Post - Turna, Tehsil - Lakhanpur, District - Surguja (Chhattisgarh), 497116 35 - Sanjay S/o Shri Ram Bichare Aged About 44 Years R/o Subhashnagar, Post - Charcha Colliery, Tehsil - Baikunthpur, District - Korea, Chhattisgarh, 497339 36 - Roshan Prakash Tirkey S/o Shri Shankar Tirkey Aged About 58 Years R/o Village - Okara, Post - Rajpur, Tehsil - Rajpur, District Balrampur-Ramanujganj (Chhattisgarh) 497118 37 - Jaypal Ram S/o Late Shri Ramdas Aged About 27 Years R/o Vill. - Chandi, Post - Turna, Tehsil - Lakhanpur, District - Sarguja, Chhattisgarh, 497116 38 - Virendra Kumar Painkara S/o Late Shri Ramprakash Painkara Aged About 35 Years R/o Vill. - Beldagi, Post - Lakhanpur, Tehsil - Lakhanpur, District - Sarguja, Chhattisgarh, 497116 39 - Krishna Rajware S/o Late Shri Gangaram Rajware Aged About 44 Years R/o Village - Katkalo, Post - Karaji, District - Sarguja, Chhattisgarh, 497001 40 - Sadhana Kujur W/o Shri Manoj Minj Aged About 42 Years R/o Vill. - Boda, Post - Bilaspur, Tehsil - Batauli, District - Sarguja, Chhattisgarh, 497101 41 - Jeewan Lal Kujur S/o Shri Chikwa Kujur Aged About 45 Years R/o Vill. - Boda, Post - Bilaspur, Tehsil - Batauli, District - Sarguja, Chhattisgarh, 497101 42 - Manoj Ekka S/o Shri Elisiyus Ekka Aged About 43 Years R/o Village - Shardapur, Post - Bartikala, Tehsil - Wadrafnagar, District Balrampur Chhattisgarh, 497223 43 - Suchitra Kujur W/o Shri Ram Avatar Bhagat Aged About 35 Years R/o Ward No.-48, Bhagatpara, Vishunpur, Post - Ambikapur, Tehsil - Ambikapur, District - Sarguja, Chhattisgarh, 497001 44 - Awdhesh Singh S/o Vishwanath Singh Aged About 43 Years R/o Village/ Post - Turna, Tehsil - Lakhanpur, District - Sarguja, Chhattisgarh, 497116 5 45 - Rina Rosh Tigga D/o Fuljens Tigga Aged About 36 Years R/o H.No.-139, Ward No.-48, Kanya Parisar Road, Near To Power House, Shantinagar, Vishunpur, Ambikapur, Post - Ambikapur, Tehsil - Ambikapur, District - Sarguja, Chhattisgarh, 497001 46 - Anita Tigga D/o Shri Ramdev Tigga Aged About 36 Years R/o H.No.-174, Chhiropara, Village - Manpur, Post/ Tehsil - Pratappur, District - Surajpur (Chhattisgarh) 47 - Shashi Kumar Kerketta S/o Late Mani Ram Bhagat Aged About 36 Years R/o Aazad Ward No.-16, Ambikapur, Post - Ambikapur, Tehsil - Ambikapur, District - Sarguja, Chhattisgarh, 497001 48 - Rashmi Kispotta D/o Mr. Apolonius Kispotta Aged About 41 Years R/o House No.-N 29 Galaxy Land, Vidhan Sabha Road, District - Raipur, Chhattisgarh, 492005 49 - Vishal Kispotta S/o Mr. Apolonius Kispotta Aged About 35 Years R/o House No.-N 29 Galaxy Land, Vidhan Sabha Road, District - Raipur, Chhattisgarh, 492005 50 - Amit Kumar Ekka S/o Late Telesphore Ekka Aged About 36 Years R/o Flat No.-04, Block-01, 1st Floor, Kachana Ph-2, Raipur, Chhattisgarh 51 - Sandhya Ekka W/o Vishal Kispotta Aged About 35 Years R/o House No.-N 29 Galaxy Land, Vidhan Sabha Road, District - Raipur, Chhattisgarh, 492005 52 - Anima Kiran Toppo D/o Francis Xavier Toppo Aged About 34 Years R/o Vill. - Mariam Toli, Post/ Tehsil - Hazaribagh, Jharkhand - 825301 53 - Sunil Kumar Toppo S/o Late Telesphore Ekka Aged About 36 Years R/o Flat No.-04, Block-01, 1st Floor, Kachana Ph-2, Raipur, Chhattisgarh 492001 ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Finance, North Block, New Delhi - 110001 2 - Reserve Bank Of India Through The Governor, Central Office Building, Shahid Bhagat Singh Road, Fort, Mumbai - 400001 6 3 - Icici Bank Ltd. Having Its Head Office At I.C.I.C.I. Bank Tower, Bandra-Kurla Complex, Mumbai, Maharashtra, 400051, India 4 - Hdfc Bank Ltd. Having Its Head Office At H.D.F.C. Bank House, Senapati Bapat Marg, Lower Parel (West), Mumbai - 400 013 5 - State Bank Of India Having Its Registered Office At State Bank Bhavan, Madame Cama Road, Nariman Point, Mumbai, 400 021 6 - I D B I Bank Ltd. Having Its Registered Office At I.D.B.I. Tower, W.T.C. Complex, Cuffe Parade, Colaba, Mumbai 400005 7 - Bank Of Baroda Having Its Registered Office At Baroda House, Mandvi, Vadodara - 390001, Gujarat, India 8 - Cholamandalam Investment And Finance Co. Ltd. Having Its Registered Office At Chola Crest, C54-55 And Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600032 9 - Cholamandalam Investment And Finance Co. Ltd. Having Its Head Office At Chola Crest, C54-55 And Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600032 10 - Central Bank Of India Having Its Registered Office At Chandermukhi, Nariman Point, Mumbai - 400021 11 - Indusind Bank Ltd. Having Its Registered Office At 2, Senapati Bapat Marg, Railway Colony, Lower Parel, Mumbai, Maharashtra, 400013 12 - Bandhan Bank Ltd. Having Its Registered Office At Floors 12-14, Adventz Infinity @5, B.N. 5, Sector V, Salt Lake City, Kolkata - 700 091, West Bengal, India 13 - Paysense Financial Services Having Its Registered Office At 8th Floor, Empresa Building, 2nd Rd, Khar, Ram Krishna Nagar, Khar West, Mumbai, Maharashtra, 400052 14 - Chhattisgarh Rajya Gramin Bank Having Its Head Office At V.I.P. Road, Near Pakhanjore Bhawan, Atal Nagar, Nava Raipur - 492101 District - Raipur, Chhattisgarh 15 - Aditya Birla Capital Limited Having Its Registered Office At Aditya Birla Centre, S.K. Ahire Marg, Worli, Mumbai - 400030 7 16 - Transunion C I B I L Through Its Director, One World Centre, Tower 2a, 19th Floor, Senapati Bapat Marg, Elphinstone Road, Mumbai - 400013 17 - State Of Chhattisgarh Through Its Director, Financial Management And Information System, Room No. S01-03, 1st Floor, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh 492002 18 - Government Of Chhattisgarh Through Its Chief Secretary, Mahanadi Bhawan, Mantralaya, Naya Raipur - 492002 19 - State Of Chhattisgarh Through Its Director General Of Police, Chhattisgarh Police, Police Headquarters, Sector-19, Naya Raipur, Chhattisgarh - 492002 20 - Spash Advisor Private Limited Through Its Proprietor Manoj Kumar Pradhan, Having Registered Office At Office No. F.F., 1st Floor, D.M. Plaza, Naighar Chowk, Chhota Para, Raipur, Chhattisgarh - 492005 21 - Spash Advisor Private Limited Through Its Proprietor Manoj Kumar Pradhan, Having Branch Office At Behind Vashundhara City Mall, Near Tulsi Chowk, Gangapur, Ambikapur, Surguja, Chhattisgarh - 497001 ... Respondent(s) For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate For Union of India For State For Respondent No. 5 For Respondent No. 3 For Respondent No. 7 For Respondent No. 10 For Respondent No. 14 : : : : : : : Mr. Tushar Dhar Diwan, CGC Mr. Ajit Singh, G.A. Mr. P.R. Patankar, Advocate Mr. Aman Saxena, Advocate Mr. Vinod Deshmukh, Advocate Mr. Anand Shukla, Advocate Mr. Raj Shengale on behalf of Mr. N.N. Roy, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 08/10/2025 1. This review petition has been filed by the petitioners with the following prayer: “1. That, this Hon’ble Court may graciously be pleased to review and recall the order 8 dated 22.07.2025 passed in WPC No. 3821 of 2025; 2. Restore the writ petition to file for adjudication on merits; 3. Grant interim protection against coercive recovery, in line with the relief granted in Review Petition No. 177 of 2025, until final disposal of the petitioner’s complaints; 4. Pass such other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Learned counsel for the review petitioners/respondents in the writ petition respectfully submits that the petitioner had filed WPC No. 3821 of 2025 against loan stacking within a short duration of time, or even on a single day, which constitutes breach of the Reserve Bank of India guidelines, and therefore sought protection from coercive recovery actions initiated by the Respondent Banks and NBFCs in gross violation of RBI regulations and constitutional safeguards. By order dated 22.07.2025, this Hon’ble Court disposed off the petition in WPC No. 3821 of 2025 directing the petitioners to approach the Banking Ombudsman. However, the said order overlooks certain vital aspects of the case which go to the root of justice. The petitioners are before the RBI Banking Ombudsman. 3. It is most respectfully submitted that under Clause 8 of the 9 aforementioned Scheme, the Ombudsman does not have any statutory authority or jurisdiction to entertain or grant interim relief in any form, including orders of stay, restraint, or protection, as has been envisaged in paragraph 7 of the impugned order. Pursuant to the directions contained in the order dated 02.07.2025, the original petitioner has already filed complaint before the Ombudsman, along with applications seeking interim relief/stay against coercive action by the concerned Banks. However, upon receipt and scrutiny of these applications, the office of the Ombudsman, after taking legal opinion and following consultations with higher authorities in the Reserve Bank of India, has arrived at the considered view that the direction to consider and grant interim relief is beyond the scope of powers conferred upon the Ombudsman under the governing Scheme. It is submitted that the review petitioners have the highest regard for the directions issued; however, they are duty bound to act strictly in accordance with the statutory mandate of the Scheme under which they operated. In view of the legal embargo on granting interim relief, the review petitioners are placed in a situation of administrative and legal conflict, and therefore, seek indulgence of this Court to review or modify the directions issued in the order dated 02.07.2025 to the extent that they required the Ombudsman to consider and decide applications for interim relief. It is further submitted that to ensure that the original petitioners are not left remediless, the Court may kindly consider extending the interim 10 protection already granted restraining the Banks from taking coercive steps against the petitioners until the Ombudsman disposes of the complaints on merits, in accordance with law. 4. Learned counsel appearing for the respondents- bank submits that the petitioners have taken loans from the concerned Banks and the loan amount was deposited in their account and now they are not willing to repay the loan amount. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Perusal of the record would show that vide order dated 22.07.2025, this Court had passed the order in WPC No. 3821 of 2025 to the following effect: “7. Section 9 of Chapter IV procedure for redressal of grievance under the scheme provides that Any customer aggrieved by an act or omission of a Regulated Entity resulting in deficiency in service may file a complaint under the Scheme personally or though an authorized representative as defined under clause 3(1) (c). 8. Section 2(a) of Section 10 Grounds for non- maintainability of a complaint; a complaint under the Scheme shall not lie unless; (a) the complaint had, before making a complaint under the Scheme, made a written complaint 11 to the Regulated Entity concerned. (1) the complaint was rejected wholly or partly by the Regulated Entity, and the complaint is not satisfied with the reply; or the complainant had not received any reply within 30 days after the Regulated Entity received the complaint. (2) the complaint is made to the Ombudsman within one year after the complainant has received the reply from the Regulated Entity to the complaint or, where no reply is received, within one year and 30 days from the date of the complaint. 9. Considering the facts and circumstances of the case, instead of keeping this petition pending, this Court finds it appropriate to dispose of the present writ petition with a direction to the petitioners to file an application/complaint directly before the Banking Ombudsman Reserve Bank of India, Regional Office Raipur within a period 15 days from the date of receipt of copy of this order. In turn concerned Banking Ombudsman is directed to decide the complaint/application within a period of 60 days from the date of application/complaint filed by the petitioners.” 12 7. The High Court’s jurisdiction to review its own judgment, as is well-known, is limited. The High Court, indisputably, has power to review, but it must be exercised within the framework of Section 114 read with Order XLVII. 8. Order XLVII Rule 1 provides that from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason. In this case, there is no mistake or error apparent on the face of record and Court has passed a reasoned order, therefore there is nothing to review the order of this Court. 9. Having considered the submissions advanced by the learned counsel for the review petitioners and upon perusal of the record, this Court is of the considered opinion that this Court has already passed the detailed order in WPC No. 3821 of 2025 after considering each and every fact and the submissions of every counsel, therefore there is no need to recall the order dated 22.07.2025 passed in WPC No. 3821 of 2025. 10. Accordingly, the instant review petition is hereby dismissed. Sd/- (Arvind Kumar Verma) JUDGE Madhurima