PARESHBHARTHI KESHUBHAI GOSAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Ms.Shalini Nair for learned advocate Mr.Girish M. Das for the petitioner and learned advocate Mr.Indravadan Parmar for the fourth respondent-Bank of Baroda. Though served with the Notice, the other respondents did not appear.

(2.) The grievance and the dispute sought to be raised in this writ petition is about right to operate the current account bearing No.03700200001334 opened with the respondent No.4 Bank. The said account was got opened by the petitioner projecting himself to be the sole proprietor of the business styled in the name of 'Trishul Motors'. It appears that the fifth respondent herein who happens to be the brother of the petitioner, objected to the opening and operation of the said current account. He made application before the Bank claiming that the business for which the account is opened, is a partnership business and he is Partner in that business. Bank having received the complaint, as a result of the dispute between the parties, directed by order dated 24th December, 2013 to freeze the account.

(3.) Against the said order of the fourth respondent, petitioner approached the Banking Ombudsman by filing a complaint under the Banking Ombudsman Scheme, 2006. The Ombudsman did not entertain the complaint on the ground that the order passed by the Bank is non-appelable order and that it was passed by the Bank properly. The Ombudsman left the order untouched on the aforesaid ground.