The High Court · 2025

Judgment

1. Reserve Bank of india, Estabrished under the reserve Bank of lndia Act, Having one_of its- office at AG Office Road, Saifabad, XfrairtiOiO, fffi;iffi; Telangana-500004. ...PETITIONER 2 3 4 5 Reserve Bank Of lndia Ombudsman (RBIO), Having one of its office at AG Office Road, Saifabad, Khai(abad, Hydera bdd, Telan-gana-S00004. Trans Union CIBIL Limited, One tndiabulls Building, 19th Floor, Tower 24_28, Senapati Bapat Marg, Lower Parel, lVlumbai - 400d'i 3. The Chief Manager, State. Bank of lndra. punjagutta Branch, 6_3-54212,NllVS aojacent tane, punJagutta Hyderabad.Telangana_500082 The Branch [Vanaoer State Bank of lndia, punjagutta Branch, 6-3_54212, NIMS adjacent lanel Punjagutta HyOeraOaO,l'efing'r"n'a- SOOOAZ .,.RESPONDENTS

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order, or direction, more particularly one in the nature of a writ of Ar'landamus, declaring the inaction of the respondents in rectifying the central fraud registry despite the order dated 02.09.2024 vide crlp 801 1 of 2023 as illegal, arbitrary and unconstitutlona l, consequenfly direct the Respondents to i rectify the centrar fraud registry immediately by deleting his name from the fraud list. lA NO: 2 OF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondent No.4 and 5 to process the pending representation of the petitioner dated 11 .Og.2024 forthwith. lA NO: 1 OF 202s Petition under section i51 cpc praying that in the circumstances stated an the affidavit filed in support of the petition, the High court may be preased pleased to direct the Respondent No. 1 and 2 to act upon the pending compraint vide N202425O23562269 dated 1 1.12.2024. Counsel for the Petitioner : SRI LAKSHMTKANTH REDDy DESAI Counsel for the Respondents No.1&2 : SRI pRATUSHA BOPPANA Counsel for the Respondents No.3 : SRI V.NITESH Counsel for the Respondents No.4&5 : SRI WSSR ANJANEyULU The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.2811 of 2O25 ORDER Heard learned counsel for the petitioner and Sri.Pratusha Boppana, learned counsel appearing for respondent Nos.1 and 2, Sri'V'Nitesh, learned counsel appearing for respondent No.3 and STi.WSSR Anianeyulu, learned counsel appearing for respondent Nos.4 and 5. With the consent of the parties, the writ petition is being taken up for disposal.

2. This writ petition has been filed seeking the following prayer:- "to rleclare the inaction of the resporulents in rectifying tlp central t'rnud registry despite tht order dated 02.09.2024 ttide CrLP 8011 of -2023 aslllegal, arbitrary antl unconstitutional consequently direct the Respondenti to rectifu the central frautl registry immediately by dtleting his name from the fraud list." i

3. Brief facts as stated in this writ pctition are that earlier in the year 2072, the petitioner had availed a loan from the respondent Bank and by 73 '06'2019, the petitioner h'ad paid the full loan amount ancl the respondent Bank had also issued No Objection CertiJicate (NOC), confirming that the petitioner had cleared all outstanding dues. Later, ttre respondent Bank filed complaint against the petitioner, alleging that the petitioner had availed the aforesaid loan by using fabricated documents and the said complained was registered as Cr.No.156 of 2019 and the same was'numbered as C.C-No.20347 of 2019 on the file of XII ACMM at Narnpally. 'fhereafter, petitioner filed Criminal 2 Petition No.B011 oi 2023, seeking to quash the criminal proceeding and this Courl aide order ,latecl 02 .09.2024 passccl the folloiving order:- "72.Revcrtmg to lhe case on hand, though it is specifically contenried by the bank tlxat the petilioner has obtained loan by producing fahricated documents, il is noticed thttt .for aboul two months prior lo the lodging of complaint, the petitio er/ accused has rcpaid thc entire loan amount and the bank has occepted lhe same and even issued No Dues Certificate to ltint. In view Ihereof, nothing sun'ives in lhc case. I 3. Havinq regard to the facts and circumslances of this case and the judgment n:ndered by the Hon'ble Supreme Court in Central Bureau of Investigation Vs. Duncans Agro Industries Limitetl this Court deems it t4)propriate to quash all the proceedings initiated against the petitioner. Accordingly, the Criminal Petition is allowed, und the proceedings initiated against the petitioner/ accused in C.C'.No.20-t17 of 2019 on rhe hle of the Xllldditional Chief Metropolildn Magistrate, at Nampally, are hereby quashed. "

4. Learncd counsel for the petitioner submits that the petitioner on

77.09.2024 made a representation and requested respondent Bank to correct his cibil score an.l removc his natne frorn the list of fraudulent. Thereafter, the petitioner applied for new loan and the respondent Bank reiected the same oifu emall dated 24.1,2.2024 with the following remark "Fraud Registry, poor cibil score, coutinuous DPDs and no clean tracks in cibil". Hence, the petitioner approached respondent No.5 and requested to rectify the records. However, respondent No.5 inforrnecl that the rectification Process would take two years time. r\ggrieved b1'the same, this writ petition is filed.

5. Learned counsel for the petitioner submits that inspite of the order dated 02.09.2024 passed in Criminal Petition No.8011 of 2023, the respondent authorities clid not rectified the records and further submits that unless the records are rectified, the petitioner would not be able to obtain loan and the J same would cause great hardship to the petitioner. Hence, pray this Court to direct the respondent authorities to rectify the central fraud register in respect to the petitioner.

6. Learned counsel appearing for respondent Nos.4 and 5 submits that respondent Bank had already recommended the petitioner's name for deletion from the Central Fraud Registry and further submits that the respondent No.1 is the authority to process the same and pra1, this Court to grant a period of three (3) months for processing the same.

7. At this stage, learned coursel appearing for petitioner submits that appropriate orders be passed in this writ petition.

8. Recording the above submissions and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to consider the case of the petitioner for deleting his name from the Central Fraud Registry and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably r,r,ithin a period of three (03) months fr<;m the date of receipt of copy of this order and communicate the same to the petitioner.

9. Accordingly this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. I To, ,TRUE COPY// SDi.P. PONNA KRISHNA SIS ANT REGISTRAR / ECTION OFFICER 1 The Reserve Bank Of lndia, Established under the reserve Bank of lndia Act. Having one of its office at AG Office Road, Saifabad, Khairtabad, Hyderabad, Telangana-500004. The Reserve Bank Of lndia Ombudsman (RB|O), HavinE one of its office at AG Office Road, Saifabad, Khairtabad, Hyderabad, Telangana-500004. I I I 1 i I l

3. The Trans Union CIBIL Limited, One lndiabulls Building, 19th Floor, Tower 2A-28, Senapati Bapat Marg, Lower Parel, Mumbai - 400013.

4. The Chief lt4anager, State Bank of lndia, Punjagufta Branch, 6-3-54212,NlMS / / adjacent lane, Punjagutta Hyderabad,Telangaha--500082 5. The _Branch Manager, State Bank of lndia, Punjagutta Branch, 6-3-54212, N llvlS adjacent lane, Punjagutta Hyderabad,Telang-ana- 500082 6 One CC to SRI LAKSHIMIKANTH REDDY DESAI Advocate [OpUC] 7. One CC to SRI PRATUSHA BOPPANA, Advocate. [OPUC] 8. One CC to SRI V.NITESH, Advocate. [OPUC] 9. One CC to SRI WSSR ANJANEYULU, Advocate. [OPUC] 10. Two CD Copies. \ BSK GJP 6 HIGH COURT \ -DATED:1010612025 -,:. R \ '{ i1r 5t4 o 2orul 6 * D^Ta,,En * f t! ^o I ORDER WP.No.281X of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS agq4 W