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SANJEEV PRAKASH SHARMA
Ashish Rana – Appellant
Versus
Reserve Bank of India – Respondent
ORDER
1. The petitioners have preferred this writ petition with following prayers:-
(ii) Respondent No.l Reserve Bank of India be specifically directed to initiate proper and effective high level inquiry/action against the impleaded respondent Banks/FIs and their officials/officers under the provisions of the Banking Regulation Act and all the other enabling provisions on the complaint as filed by the petitioners against the fraudulent conduct of the respondent Banks and their official/officers. (Hi) Restrain the concerned Respondents from initiating and/or from the continuing with the proceedings under Section 138 of the N.I. Act, as initiated by the respondent banks/F.I.'s in respect to facilities sanctioned/granted to the petitioner doctors till the conclusion of RBI enquiry and criminal proceedings against the accused who have duped and fraudulently cheated the petitioners in connivance with the Respondent Bank
The existence of the Banking Ombudsman Scheme provides an effective alternative remedy for customers to address grievances against banks, which must be utilized before seeking judicial intervention.
The court emphasized that the Ombudsman could not decline to exercise jurisdiction vested in it under the Scheme based on unsustainable grounds.
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