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2026 Supreme(Bom) 199

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, MANJUSHA DESHPANDE
Subodh C. Korde – Appellant
Versus
Union of India, Through Ministry of Finance, Mumbai And Ministry of Communications, Department of Telecommunications, New Delhi – Respondent


Advocates Appeared:
For the Petitioner:Mr.Sharan Jagtiani, Senior Advocate with Mr.Priyank Kapadia, Ms.Sapna Pande i/by Mr.Akshay Pansare.
For the Respondents:Mr. Prateek Seksaria, Senior Advocate with Mr. Ishwar Nankani, Mr. Huzefa Khokhawala, Mr. Karan Parmar, Mr. Kartik Gupta i/b M/s.Nankani & Associates, Mr.Mayur Khandeparkar with Mr.Mayur Bhojwani, Mr. Ulrik Jehangir, Ms.Dhamini Nagpal, i/b M/s. Manilal Kher Ambalal & Co., Adv. Prasad Shenoy with Ms. Aditi Phatak and Ms. P. Zaiwalla i/b BLAC Co., Mr. Ashutosh Mishra with Mr. Vinit Jain, Mr. Ashok R. Varma and Mr.Gaurav Mhatre, Mr.M.M. Pable, A.G.P., Adv. Aparna Shrivastava i/b Reliable Legal Partners, Mr. Prakash Shitole.

JUDGMENT :

Bharati Dangre, J.

1. The Petitioner, a freelancer in Business Consultancy, has approached this Court stating that he is a victim of Cyber fraud and a sum of Rs. 38,04,000/- was unauthorizedly withdrawn from his two bank accounts maintained with HDFC Bank Ltd., in a time gap of 41 minutes. According to the Petitioner, he was defrauded by the online unauthorized withdrawals, the transactions being permitted by the Bank and his grievance is, the HDFC Bank has refused to reverse the amount to his account, which according to him is in complete breach of applicable directions /guidelines issued by the Reserve Bank of India (“RBI”). According to the Petitioner, his monies were unauthorizedly transferred to the account/s held by the fraudsters in ICICI Bank, who despite timely intimation in that behalf refused to take steps for preventing withdrawal/further transfer.

2. The Petition has impleaded the Union of India through the Ministry of Finance, and Ministry of Communications as Respondent No.1, with the Reserve Bank of India through the Governor, being impleaded as Respondent No.2, whereas the HDFC Bank Limited and ICICI Bank Ltd through their Managing Directors are impleaded a

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