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2023 Supreme(Del) 1770

PURUSHAINDRA KUMAR KAURAV
Nainital Bank Officers Association – Appellant
Versus
Union of India Bank of Baroda Reserve Bank of India Nainital Bank Limited – Respondent


Advocates appeared:
Mr. Prashant Bhushan, Ms. Cheryl D'Souza & Ms. Alice Raj, Advocates, for the Petitioner.
Mr.Tushar Mehta, Solicitor General of India with Mr.Raunak Dhillon, Ms.Ananya Dhar Chadhury and Ms.Isha Malik, Advocates, for R-2.
Ms.Arunima Dwivedi, CGSC with Ms.Pinky Pawar and Mr.Aakash Pathak, Advocates, for R-1.
Mr.Atul Sharma and Mr.Abhinav Sharma, Advocates, for R-3.
Mr.Alok Mohan, Mr.Mursleen Khan and Ms.Shyamwati, Advocates, for R-4.

JUDGMENT

1. The petitioner in this petition under Article 226 of the Constitution of India seeks to challenge the Expression of Interest (hereinafter referred to as `EoI') invited by the respondent no.2-Bank of Baroda (hereinafter referred to as `BoB') dated 14.12.2022 for the purposes of acquisition of stake holding of the BoB in respondent no.4-Nainital Bank Limited (hereinafter referred to as `NBL').

2. Mr. Prashant Bhushan assisted by Ms. Cheryl D'Souza and Ms. Alice Raj, learned counsel appearing on behalf of the petitioner states that the decision of inviting EoI is arbitrary, illegal and the same is in violation of the recommendations made by the Parliamentary Committee as well as by the Ministry of Finance (hereinafter referred to as `MoF'). He submits that the BoB in the year 2006 had also shown interest in merging the NBL into the BoB. Learned counsel for the petitioner further submits that if the communication dated 15.09.2005 issued by the Reserve Bank of India (hereinafter referred to as `RBI') to the BoB is perused carefully, the same would indicate that the permission was granted by the RBI to the BoB to retain its existing holding in the NBL, subject to the condit

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