RESERVE BANK OF INDIA Vs. SANJUKUMAR

JUDGEMENT

(1.) This appeal is filed by the Reserve Bank of India challenging the order passed in Writ Petition No.208494/2017. In terms of the order in the writ petition, the petition came to be allowed, directing the Reserve Bank of India to consider the case of the petitioner, who had made representations at Annexures-F, G and J, whereby, the petitioner had sought for appropriate direction against the respondents to exchange the value of demonetized currency with legal tender.

(2.) This writ appeal is filed on the sole contention that insofar as exchange of demonetized currency with legal tender, such request can be considered only by the Union of India and not by the Reserve Bank of India. It is submitted by learned Senior Counsel Shri. B.C Thiruvengadam appearing on behalf of the Reserve Bank of India that the learned Single Judge had disposed off the writ petition directing the Reserve Bank of India to consider the request for exchange on the basis of the order passed in Vivek Narayan Sharma and Others vs. Union of India and Others - (2023) 3 SCC 1, which order however has been clarified by the Apex Court in its order in the Writ Petition (Civil) No.906/2016 in the same matter, by order dtd. 21/3/2023, whereby, it was clarified that it is not the Reserve Bank of India to whom the directions could be made on case to case basis in excise of power under Article 142 of the Constitution of India, but direction would be made to the Union of India to consider the same. Accordingly, it is submitted that the legal grievance that would remain is that the direction made to the Reserve Bank of India may be substituted by a direction on same terms to the Union of India.

(3.) The learned counsel appearing on behalf the Union of India submits that at present, though he has no instructions, it is left to the Court to pass directions strictly in terms of the observations of the Apex Court.