Supreme Court of India

M/s. Durga Hotel Complex v. Reserve Bank of India and Ors.

Neutral citation
Reported as [2007] 3 S.C.R. 1074
Bench H.K. Sema J.
Decided 15 March 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the High Court was justified in ' .. interfering with the Award of the Banking Ombudsman on the ground that he H could not have passed the Award in view of the divestiture of his jurisdiction.

Judgment, page 15

From the headnote

Banking Ombudsman Scheme, 1995: Clauses 13 and 16-Jurisdiction of the Banking Ombudsman-Scope of-Complaint filed before the Banking Ombudsman-Subsequent filing of the claim by Bank before Debts Recovery Tribunal-Held, Banking Ombudsman loses jurisdiction to entertain the complaint-Banking Regulation Act, 1949. Clauses 13 and 16-Banking Ombudsman-Jurisdiction of-Held, Is limited-He has no authority to compel the Bank to make further advances­ He cannot interfere with agreement regarding repayment schedule fixed by parties or financing ratio that may be maintained between Bank and borrower or

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