Full Text
CIVIL ORIGINAL JURISDICTION
Reserve Bank of India ... Petitioner(s)
Bank Ltd & Anr etc ... Respondent(s)
ORDER
1 The Reserve Bank of India has sought a transfer of the writ petitions pending before various High Courts challenging the validity of the Banking Regulation (Amendment) Act 2020 (Act No 39 of 2020) and its circular bearing No DOR.GOV.REC.25/12.10.000/2021-22 dated 25 June 2021.
2 Notice was issued on 25 April 2022.
3 During the course of the hearing, Mr Rakesh Dwivedi, senior counsel appearing on behalf of the petitioner, has submitted a chart on the status of the writ petitions pending before various High Courts. The chart, for convenience of reference, is marked as Annexure I to the present order. 2022 INSC 1095
4 As the chart indicates, petitions are pending before the High Courts of Andhra Pradesh, Chhattisgarh, Karnataka, Kerala, Madhya Pradesh, Madras, Punjab and Haryana and Uttarakhand and before the High Court of Judicature at Allahabad, High Court of Judicature for Rajasthan and High Court of Judicature at Bombay.
5 In some of the writ petitions before the High Courts, there is a challenge to the Amending Act; in some, a challenge to the validity of the circular, while, in others, a challenge to the Amending Act and the circular.
6 Having regard to the common questions which are involved in the writ petitions, it would be appropriate, in the interests of justice, to transfer all the writ petitions to one High Court for final disposal.
7 We accordingly order and direct that all the writ petitions which have been filed before the High Courts challenging the validity of the Banking Regulation (Amendment) Act 2020 (Act No 39 of 2020) and/or the circular dated 25 June 2021 shall stand transferred to the High Court of Madras. The petitions which are being presently transferred to the High Court of Madras have been set out in the chart which is attached to the present order.
8 We request the learned Chief Justice of the High Court of Madras to assign all the writ petitions to one Bench for expeditious disposal.
9 Since the petitions which are transferred have been instituted before diverse High Courts in the country, it would be appropriate if the Division Bench hearing the petitions permits such of the parties, who desire to appear through a virtual platform, to participate in the course of the hearing on that basis.
10 Any future petitions challenging the validity of the Amending Act and/or the circular noted above, upon being instituted, shall be transferred immediately by the concerned High Court to the High Court of Madras in view of the above order.
11 The transfer petitions are disposed of in the above terms.
12 Pending applications, including application for intervention, stand disposed of. …..…..…....…........……………….… ........ J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….… ........ J. [Hima Kohli] New Delhi; October 14, 2022 -S- IN THE SUPREME COURT OF INDI TRANSFER PETITION (C) NO. 659-678 O Reserve Bank of India
VERSUS
Big Kancheepuram Cooperative Town Bank Ltd. & Anr.
CHART ON THE STATUS OF ALL THE WRIT PETITIONS PENDING BEF GLOSSARY:
1. Amendment Act - Banking Regulation (Amendment) Act, 2020
2. Circular - Circular bearing No. DOR. GOV. REC. 25/ 12.10.000 / 2021-22 dated 25.06.2021 “Appointment of Managing Director (MD) / Whole-Time Director (WTD) in Primary (Urba
3. RBI - Reserve Bank of India
4. S. No. High Court Number of writ petitions Group A - Writ Petitions challenging Amendm Writ petitions where stay/interim orders have been granted by the High Court
1. Hon’ble High Court of Madras • WP (C) 9147/2020 • WP (C) 9150/2020 • WP (C) 9383/2020
2. Hon’ble High Court of Kerala at Ernakulum • W.P. (C) No. 30189/2021 1 Pleadings Group B - Writ Petitions challenging Circ
3. Hon’ble High Court of Karnataka at Bengaluru • WP (C) 14939/2021
4. Hon’ble High Court of Chhattisgarh at Bilaspur • WP (S) 4737/2021,
5. Hon’ble High Court of Judicature at Allahabad, Lucknow Bench • W.P. 18827/2021 completed
6. Hon’ble High Court of Judicature for Rajasthan at Jodhpur • S.B.C.W.P. No. 11222/2021 • S.B. C.W.P. No. 11098/2021
7. Hon’ble High Court of Judicature for Rajasthan, Jaipur Bench • S.B.C.W.P. No. 9412/2021 • S.B.C.W.P. No. 9395/2021 • S.B.C.W.P. No. 10835/2021
8. Hon’ble High Court of Punjab and Haryana at Chandigarh • C.W.P. No. 16519/2021 completed
9. Hon’ble High Court of Andhra Pradesh at Amaravati • W.P. No. 25791/2021 completed
10. Hon’ble High Court of Judicature of Bombay Bench at Aurangabad • W.P. No. 11701/2021 Group C - Writ Petitions challenging the Amendment A
11. Hon’ble High Court of Madhya Pradesh, Gwalior Bench • W.P. (C) 16255/2021
12. Hon’ble High Court of Madhya Pradesh • W.P. No. 16168/2021
13. Hon’ble High Court of Uttarakhand at Nainital • W.P. (C) 1665/2021
14. Hon’ble High Court of Kerala at Ernakulum • W.P. (C) 24037/2021 1 Dismissed Hon’ble H
15. High Court of Judicature of Bombay Bench at Aurangabad • WP 12554 of 2021 1 RBI filed admission TRANSFER PETITION (C) NO. 2257-2261 O
1. Hon’ble High Court of Karnataka W.P. No. 21320 of 2021(CS-RES)
2. High Court of Judicature of Bombay • Civil W.P. No. 8843 of 2021 W.P.(C) No. 1383 of 2022
3. High Court of Judicature at Patna