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2007 Supreme(Cal) 521

BHASKAR BHATTACHARYA, RUDRENDRA NATH BANERJEE
Oriental Carbon and Chemicals Limited – Appellant
Versus
Banking Ombudsman, Calcutta – Respondent


Advocates appeared:
Abhijit Chatterjee, D.N. Sharma and A. K. Jhunjhunwalla, for Appellants; Bijoy Kumar Bachawat and Dhruba

Judgement

BHASKAR BHATTACHARYA, J. :- This mandamus-appeal is at the instance of the unsuccessful writ-petitioners and is directed against order dated September 23, 2004 passed by a learned single Judge by which his Lordship disposed of a writ-application by holding that the Banking Ombusdsman exceeded its jurisdiction in making observation on the merit of the claim of the writ-petitioners when it rejected the complaint on the ground of want of jurisdiction.

2. The appellants before us filed a writ-application against the respondents by which they claimed the following relief :

"a) A Writ of or on the nature of Mandamus do issue commanding the respondent No. 1 to forthwith review and/or rescind and/or withdraw and/or cancel the order dated April 25, 2003 and/or in any event, the observations contained therein relating to the merits of the claim of the petitioner No. 1 against the respondent No. 2;

b) A Writ of or in the nature of Mandamus do issue commanding the respondent that the Reserve Bank of India's guidelines relating to rates of interest chargeable by memberrs of consortium of banks are adhered to and followed by the respondent No.2;

c) A Writ of or in the nature of Mandamus do









































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