Reserve Bank of India vs Big Kancheepuram Cooperative Town Bank Ltd.

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

Transfer Petition (Civil) Nos 659-678 of 2022

Reserve Bank of India ... Petitioner(s)

Versus

Big Kancheepuram Cooperative Town 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 Signature Not Verified petitions pending before various High Courts. The chart, for convenience of Digitally signed by GULSHAN KUMAR ARORA

reference, is marked as Annexure I to the present order. Date: 2022.10.17 11:33:35 IST Reason:

2 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 3

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 INDIA TRANSFER PETITION (C) NO. 659-678 OF 2022

Reserve Bank of India ...Petitioner Versus

Big Kancheepuram Cooperative Town Bank Ltd. & Anr. ...Respondent

CHART ON THE STATUS OF ALL THE WRIT PETITIONS PENDING BEFORE THE VARIOUS HIGH COURTS

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 issued by the Reserve Bank of India in the matter of “Appointment of Managing Director (MD) / Whole-Time Director (WTD) in Primary (Urban) Co-operative Banks”

3. RBI - Reserve Bank of India

4.

Writ petitions where stay/interim orders have been granted by the High Court

S. No. High Court Number of writ petitions Status

Group A - Writ Petitions challenging Amendment Act

1 S. No. High Court Number of writ petitions Status

1. Hon’ble High Court of Madras 3 In WP (C) 9147/2020 and 9150/2020, counter affidavit on behalf • WP (C) 9147/2020 of RBI has been filed. Amendment to the writ petition is pending. • WP (C) 9150/2020 In WP (C) 9383/2020, the pleadings are yet to be completed. • WP (C) 9383/2020

2. Hon’ble High Court of Kerala at Ernakulum 1 Pleadings are yet to be completed.

• W.P. (C) No. 30189/2021 Group B - Writ Petitions challenging Circular

3. Hon’ble High Court of Karnataka at 1 Statement of objections filed on behalf of RBI. Pleadings are yet Bengaluru to be completed.

• WP (C) 14939/2021

4. Hon’ble High Court of Chhattisgarh at 1 Counter affidavit filed on behalf of RBI. Pleadings are yet to be Bilaspur completed.

• WP (S) 4737/2021,

5. Hon’ble High Court of Judicature at 1 Counter affidavit filed on behalf of RBI. Pleadings are yet to be Allahabad, Lucknow Bench completed.

• W.P. 18827/2021 6. Hon’ble High Court of Judicature for 2 In S.B.C.W.P. No. 11222/2021, pleadings are yet to be completed.

Rajasthan at Jodhpur In S.B. C.W.P. No. 11098/2021, Counter affidavit filed on behalf • S.B.C.W.P. No. 11222/2021 of RBI. Pleadings are yet to be completed.

• S.B. C.W.P. No. 11098/2021 2 S. No. High Court Number of writ petitions Status

7. Hon’ble High Court of Judicature for 3 In S.B.C.W.P. No. 9412/2021, counter affidavit filed on behalf of Rajasthan, Jaipur Bench RBI. Pleadings are yet to be completed. In S.B.C.W.P. No. • S.B.C.W.P. No. 9412/2021 9395/2021 and 10835/2021, pleadings are yet to be completed.

• 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 1 Counter affidavit filed on behalf of RBI. Pleadings are yet to be at Chandigarh completed.

• C.W.P. No. 16519/2021 9. Hon’ble High Court of Andhra Pradesh at 1 Counter affidavit filed on behalf of RBI. Pleadings are yet to be Amaravati completed.

• W.P. No. 25791/2021 10. Hon’ble High Court of Judicature of 1 Counter affidavit filed on behalf of RBI.

Bombay Bench at Aurangabad • W.P. No. 11701/2021

Group C - Writ Petitions challenging the Amendment Act and the Circular

11. Hon’ble High Court of Madhya Pradesh, 1 Counter affidavit filed on behalf of RBI.

Gwalior Bench • W.P. (C) 16255/2021

12. Hon’ble High Court of Madhya Pradesh 1 Counter affidavit filed on behalf of RBI. Pleadings are complete.

• W.P. No. 16168/2021 3 S. No. High Court Number of writ petitions Status

13. Hon’ble High Court of Uttarakhand at 1 Counter affidavit filed on behalf of RBI. Pleadings are complete.

Nainital • W.P. (C) 1665/2021

14. Hon’ble High Court of Kerala at Ernakulum 1 Dismissed as withdrawn with liberty granted to approach the • W.P. (C) 24037/2021 Hon’ble High Court again.

15. High Court of Judicature of Bombay Bench 1 RBI filed affidavit on 01.03.2022. The matter is pending for at Aurangabad admission hearing. Next date is not available. • WP 12554 of 2021

4 TRANSFER PETITION (C) NO. 2257-2261 OF 2022

S. No. High Court Number of writ petitions Status

1. Hon’ble High Court of Karnataka 1 -

W.P. No. 21320 of 2021(CS-RES)

2. High Court of Judicature of Bombay 2 -

• Civil W.P. No. 8843 of 2021 W.P.(C) No. 1383 of 2022 3. High Court of Judicature at Patna 2 -

• C.W.J.C No. 7957 of 2022 C.W.J.C. No. 8034 of 2022 5