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URMILA JOSHI-PHALKE, NIVEDITA P. MEHTA, JJ
Girish Rameshchandra Malani – Appellant
Versus
Reserve Bank of India – Respondent
| Table of Content |
|---|
| 1. cash seizure and return timeline prior to demonetization deadline. (Para 2 , 3 , 4) |
| 2. evolution of demonstration guidelines and petitioner's subsequent requests to rbi. (Para 5 , 6) |
| 3. petitioner's contention that authorities' seizure caused deprivation of exchange opportunity. (Para 7 , 8) |
| 4. court's interim observation on petitioner's need for assistance. (Para 9) |
| 5. rbi's defense: statutory restrictions and need for serial numbers in court order. (Para 10 , 11 , 12 , 13) |
| 6. statutory framework under sbn act 2017 and rules limiting rbi's powers. (Para 14 , 15 , 16) |
| 7. ruling that petitioner not penalized for circumstances beyond his control. (Para 17 , 18 , 19 , 20) |
| 8. direction to rbi to accept and exchange specified banknotes. (Para 21 , 22) |
JUDGMENT : (PER : NIVEDITA P. MEHTA J.)
Rule. Rule made returnable forthwith with consent of the learned Counsel for the parties.
2. On 01/12/2016, the petitioner, Mr. Girish Rameshchandra Malane, was travelling towards Mahur for visiting Renuka Devi Temple and was carrying an amount of Rs.2,00,000/- in cash consisting of 400 currency notes of the denomination of Rs.500/-. During the course of the journey, his vehicle was intercep
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