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2024 Supreme(Bom) 446

FIRDOSH P. POONIWALLA, G. S. KULKARNI
Jaiprakash Kulkarni – Appellant
Versus
Banking Ombudsman – Respondent


Advocates appeared:
Mr. Siddhesh Bhole a/w. Yakshay Chheda, Ms. Anushree Koparkar i/b. SSB Legal & Advisory for the Petitioners; Ms. Aditi Pathak a/w. Parag Sharma, Mr. Vijay Salokhe, Ms. Kirti Ojha; Ms. Megha More i/b. BLAC & Co. for Respondent Nos.1 and 3; Ms. Anvita Ail a/w. Mr. Naresh H. Manghnani for Respondent No.2; Mr. Mohit Jadhav, Addl. G. P. for the State.

JUDGEMENT

Firdosh P. Pooniwalla, J. - Rule. Respondents waive service. Rule made returnable forthwith. Heard finally by consent of the parties.

2. This Petition deals with a Cyber Fraud and is an example of how increasingly the innocent persons are becoming victims of Cyber Fraud.

3. Petitioner No.1 is a Director in Petitioner No.2, which is a closely held family company of Petitioner No.1. Both Petitioner No.1 and Petitioner No.2 are hereinafter jointly referred to as the Petitioners.

4. The Petitioners had maintained a bank account bearing No.76080200000481 of the Petitioner No.2-Company with Respondent No.2 for the previous 15 to 20 years ("the said bank account").

5. It is the case of the Petitioners that, on 1st October 2022, certain entities/ individuals were added as beneficiaries to the said bank account without any OTP being sent to the Petitioners on the registered mobile number or registered email address.

6. It is further the case of the Petitioners that, on 2nd October, 2022, Mr. Vishwanathan Shetty, the accountant of the Petitioner No.2-Company, informed the Petitioners at about 7:45 a.m. that he had received several messages from Respondent No.2 regarding a total sum of Rs

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