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2024 Supreme(Bom) 401

SANDEEP V. MARNE
ABN Amro Bank Mumbai Pensioners Association – Appellant
Versus
Royal Bank of Scotland Plc. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Rohaan Cama with Mr. Samarth Jaidev and Mr. Netaji Gawade i/b Sanjay Udeshi & Co., for.
For the Defendant :Mr. D. D. Madon, Senior Advocate and Mr. Snehal Shah, Senior Advocate with Mr. Mikhail Behl, Mr. Ashir Amin & Ms. Aishwaryajeeta Tawde i/b Kanga & Co.

JUDGMENT :

1. Plaintiffs, who are associations of pensioners of Defendant-Bank, have instituted this Suit for declaration that their members are entitled to guaranteed pension increment of 10% every year and that the reduction in pension increment effected from 10% to 5% by the Bank effective from January 2011 is illegal. Plaintiffs have also sought a money decree in the sum of Rs. 131,85,00,000/-against the Defendant-Bank.

A. FACTS

2. Plaintiffs are two associations of pensioners of the erstwhile ABN AMRO Bank- now the ‘Royal Bank of Scotland’. Plaintiff No. 1 is the association of pensioners of Mumbai, whereas Plaintiff No. 2 is the association representing pensioners of Kolkata. Both associations have filed the present petition challenging the Defendant’s action in reducing the increment of pension payable to their members from 10% p.a. to 5% p.a. by impugned letters dated 27 October 2009, 19 April 2010 and 8 February 2011. Plaintiffs have accordingly sought a mandatory injunction to restrain the Defendant-Bank from reducing the increment of pension payable to their members bel

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