- 1 - HC-KAR NC: 2025:KHC:26446 WP No. 31218 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 31218 OF 2024 (GM-RES) BETWEEN: M/S OSCAR JEWELLERS, REPRESENTING ITS PARTNER MANZOOR ALI AGED 47, S/O BH MAMI RESIDING AT FLAT NO.5A, NKS ROAD, VADUTHALLA PO, ERNAKULAM -682023, NO.126- A, DANYA VYSHAL NIVAS, PONNAIYARAPURAM MAIN ROAD, COIMBATORE, TAMIL NADU PIN CODE - 641 001. …PETITIONER (BY SRI. FAIZEL K., ADVOCATE) AND: 1. YES BANK LIMITED REPRESENTED BY ITS BRANCH MANAGER, BANNERGHATTA ROAD, OPP SHOPPERS SHOP, BANGALORE, KARNATAKA, PIN CODE - 560 078. 2. YES, BANK LIMITED NODAL OFFICER, YES BANK HOUSE OFF WESTERN EXPRESS HIGHWAY SANTACRUZ (EAST) MUMBAI - 400 055. 3. AUTHORIZED OFFICER, YES BANK LIMITED, YES BANK HOUSE, OFF WESTERN EXPRESS HIGHWAY SANTACRUZ (EAST) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26446 WP No. 31218 of 2024 MUMBAI - 400055. 4. RESERVE BANK OF INDIA REPRESENTED BY ITS NODAL OFFICER, ST MARTHA HOSPITAL, 10/3/2008, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, BANGALURU, KARNATAKA, PIN CODE 560 001. …RESPONDENTS (BY SRI.FRANCIS XAVIER, ADVOCATE FOR R1 TO R3 SRI. MANIK B.T., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE BANKING OMBUDSMAN DATED 19.10.2024 AS BEING ARBITRARY AND IN VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the correctness of the order of the Banking Ombudsman at Annexure – A dated 19.10.2024. In terms of the order at Annexure – A, the complaint made by the petitioner against the respondent – Bank was closed as non-maintainable, making reference to clause 16 (1)(a) and 10 (2)(b)(ii) of - 3 - HC-KAR NC: 2025:KHC:26446 WP No. 31218 of 2024 the Reserve Bank Integrated Ombudsman Scheme, 2021. It is made out from the reading of the order at Annexure – A that the complaint was treated as non-maintainable, in light of the complaint being sub-judice before the Court. Paragraph No.2 of the said order refers to the stand of the Bank that the complaint was filed before the Chief Judicial Magistrate, Cochin and as the complaint was sub-judice before the CJM Court, Kochi, the complaint has been treated as non-maintainable. 2. The contention of the petitioner is that the RTI response to this query regarding pendency of the proceedings before the Additional Chief Judicial Magistrate at Annexure – H would reveal that no proceedings were pending as on the relevant date. 3. Learned counsel appearing for the Ombudsman in all fairness concedes that the matter may require reconsideration at their end. Said submission is taken note of in light of the contentions raised on the stand of the respondent. - 4 - HC-KAR NC: 2025:KHC:26446 WP No. 31218 of 2024 ORDER i. The writ petition is disposed off. ii. The impugned order at Annexure - A is set aside. iii. The matter is remitted back to the Banking Ombudsman to take up the complaint and re- adjudicate the same, in light of the contentions raised and other contentions and facts that may be placed before it. iv. All contentions of the parties are kept open. v. The ombudsmen to dispose of the proceedings expeditiously within a period not later than two months from today. Sd/- (S SUNIL DUTT YADAV) JUDGE BKN/List No.: 1 Sl No.: 39