Commercial Court Can't Compel Personal Appearance Of RBI Regional Director On Spacious Ground Of Larger Public Interest: Gujarat High Court

The division bench of Justices N.V. Anjaria and D. M. Desai observed, “It is beyond comprehension as to under which provision the order of such nature has been passed. The Commercial Court could not have directed personal presence of the Regional Director of Reserve Bank of India on spacious ground of larger public interest. The plaintiff is dominus litis and it is the right of the plaintiff to decide as to which party is to be arraigned in the proceedings.”

The division bench asserted that the Commercial Court had overstepped its jurisdiction by issuing the aforementioned order and, therefore, deemed it necessary to set it aside.

The case revolved around a Commercial Suit filed by the Reserve Bank of India against defendant Amit Jagdish Rathod, aiming to recover Rs. 6,66,596.55 ps. with interest, pertaining to a car loan extended to him by Bank of India. The Commercial Court had issued an order-cum-notice, citing serious concerns about the bank's public policy and unilateral charges imposed on the customer. The court, deeming the matter of significant public interest, had directed the Regional Director of Reserve Bank of India to personally assist the proceedings.

Commercial Court had concluded that there were substantial issues pertaining to the public policy of the bank and that unilateral charges had been imposed on the customer, thereby directing the personal appearance of the Regional Director of the RBI to assist the court.

Appearance: Mr Amar N Bhatt(160) For The Petitioner(S) No. 1 Mr As Panesar(5390) For The Respondent(S) No. 1 Notice Unserved For The Respondent(S) No. 2

LL Citation: 2023 Livelaw (Guj) 172

Case Title: The Reserve Bank Of India Versus Bank Of India

Case No.: R/Special Civil Application No. 16029 Of 2023

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