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2023 Supreme(Del) 5998

PURUSHAINDRA KUMAR KAURAV
Pune Buildtech Pvt. Ltd. Through Authorized Representative Sh. Vicky Kemla – Appellant
Versus
Bank of India Through Its Standing Counsel – Respondent


Advocates appeared:
Mr. Vijay Aggarwal, Advocate with Ms.Rhythm Aggarwal, Mr. Yash Agrawal, Mr. Hardik Sharma and Mr.Mukul Malik, Advocates, for the Petitioner.
Mr.Santosh Kumar Rout and Ms.Dharna Veragi, Advocates for R-1.
Mr. A.P. Singh and Mr. Shreyansh Rathi, Advocates for R-2.

JUDGMENT

Purushaindra Kumar Kaurav, J.

1. The instant writ petitions are filed challenging the impugned action of the respondent-Bank of India (hereinafter `BOI.), whereby, the petitioners' accounts have been declared as `fraud' as per the Reserve Bank of India (RBI) Master Circular on the Classification and Reporting of Fraud dated 01.07.2016. This order shall decide a preliminary objection raised on behalf of the respondent-BOI on entertaining the instant writ petitions on the ground of lack of territorial jurisdiction and/or alternatively, on the ground of forum non-conveniens. The issue involved is common in both the writ petitions; hence, a combined order is being passed.

Factual Matrix

2. In W.P.(C.) 7962/2023, the petitioner is a company incorporated under the Companies Act, 1956 having its registered office at DB Central, Maulana Azad Road Rangwala Compound, Jacob Circle, Mumbai 400011. The present dispute has arisen on account of certain credit facilities being availed by the petitioner from the respondent-BOI, Mumbai branch.

3. The respondent-BOI, has its head office at Star House, C-5, G Block, Bandra Kurla Complex, Bandra (East), Mumbai 400051. A branch office of the respond

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