Writ Petition will be not be maintainable against the award of RBI Ombudsman

Recently, in Kanaiyalal Lalchand Sachdev & Ors. Vs. State of Maharashtra & Ors. {(2011) 2 SCC 782; decided on 07.02.2011} hon™ble Supreme Court has observed as follows (in para 21):

21. In our opinion, therefore, the High Court rightly dismissed the petition on the ground that an efficacious remedy was available to the appellants under Section 17 of the Act. It is well-settled that ORDINARILY RELIEF UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA IS NOT AVAILABLE IF AN EFFICACIOUS ALTERNATIVE REMEDY IS AVAILABLE TO ANY AGGRIEVED PERSON. (See: Sadhana Lodh Vs. National Insurance Co. Ltd. & Anr. (2003) 3 SCC 524; Surya Dev Rai Vs. Ram Chander Rai & Ors. (2003) 6 SCC 675; State Bank of India Vs. Allied Chemical Laboratories & Anr. (2006) 9 SCC 252). In City and Industrial Development Corporation Vs. Dosu Aardeshi Bhiwandiwala & Ors. (2009) 1 SCC 168, this Court had observed that: “The Court WHILE EXERCISING ITS JURISDICTION UNDER ARTICLE 226 IS DUTY-BOUND TO CONSIDER whether:

a. adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;

b. the petition reveals all material facts;

c. the PETITIONER HAS ANY ALTERNATIVE OR EFFECTIVE REMEDY FOR THE RESOLUTION OF THE DISPUTE;

d. person invoking the jurisdiction is guilty of unexplained delay and laches;

e. ex facie barred by any laws of limitation;

f. grant of relief is against public policy or barred by any valid law; and host of other factors.” (capitals supplied)

 

Author:

Narendra Sharma, Consultant (Legal)

E-mail: nkdewas@yahoo.co.in

 

 

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About Narendra Sharma

Narendra Sharma | Consultant (Legal)

I am a B.Sc., MA, LL.B, from Jiwaji University, Gwalior and CS (Intermediate) from Institute of Company Secretaries of India, New Delhi. Was in service past 20 years initially as Deputy Company Secretary in 1989 and retired as GM (Legal) in 2009. I am holding membership of Indian Council of Arbitration, New Delhi. Bagged the ‘Best Opinion Provider’ award for 2005 from the website www.advocatelive.com and listed as Panel Arbitrator thereon. Possess expert knowledge of law in Arbitration Proceedings. Got published many Articles on Company law and Arbitration in various renowned legal magazines such as Chartered Secretary, Corporate Law Adviser, Arbitration Law Reporter and Chartered Accountant Practice Journal. My elder son is a Judicial Magistrate, presently posted at Shajapur (MP).

Now, I am (aged 60) working from home as a part time Consultant with a Solicitor Firm viz. DRT Legal Solutions, Indore (MP) and drafting Counter Claims under the Law of Torts against Banks/Financial Institutions on behalf of sick companies facing recovery actions under DRT Act, 1993 and/or Securitisation Act, 2002. I am enough experienced and competent to be appointed as an Independent Director or an ARBITRATOR. I am looking for Part-time specific legal assignments, especially if they can be handled via e-mailing and/or traveling outstations, when necessary, for consultations/meetings for attending specific complicated legal problems and finding their solutions, as and when required.

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