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2021 (1) TMI 1114 - HC - Indian LawsMaintainability of petition - requirement of Non Banking Finance companies (NBFC) to take registration from RBI to conduct business - seeking directions to register the information of alleged cognizable offences committed under the Reserve Bank of India Act - withdrawal made by the petitioner of the PIL filed before this Court - principles of res judicata. Whether the present writ petition is maintainable in view of the orders passed by the Delhi High Court, as also withdrawal made by the petitioner of the PIL filed before this Court? - HELD THAT:- In pursuance of the directions of the Delhi High Court in INDIA AWAKE FOR TRANSPARENCY VERSUS UNION OF INDIA REPRESENTED BY SECRETARY DEPARTMENT OF FINANCIAL SERVICES MINISTRY OF FINANCE AND ORS [2017 (5) TMI 1757 - DELHI HIGH COURT] has been passed by RBI - the releifs sought for by the petitioner in the PCR is for the RBI to take action against the Respondents 2 to 7 on the basis of the allegation that the Respondents 2 to 7 have violated Section 45-IA of the RBI Act, the RBI having already considered the said request and passed an order according to RBI dated 05.09.2017, the reliefs sought for in the PCR cannot be granted, as such the question of issuance of a certiorari to quash the order dismissing the PCR, restoring the PCR and issuing directions to the RBI to consider the alleged offence would also not arise. The RBI having contended that the letter dated 05.09.2017 is an order, the Petitioner would be at liberty to challenge the same in accordance with law. The present writ petition is not maintainable in view of the orders passed by the Hon’ble Delhi High Court, as also withdrawal made by the petitioner of the PIL filed before this Court as also the order passed by the RBI dated 05.09.2017. Whether the orders passed by the Delhi High Court, as also the order of withdrawal passed by the Division Bench of this Court would amount to rejudicata? - HELD THAT:- The order of the Delhi High Court was only a direction to the RBI to consider the complaints and pass an order. Such a direction not being one on merits cannot be termed to operate as resjudicata. For an order to operate as resjudicata it has to be passed on merits between the same parties - The order of the Hon'ble Delhi High Court would not qualify to be that passed between the same parties since the parties in the present matter are different and as such, the said order would not operate as rejudicata - thus, the orders passed by the Delhi High Court, as also the order of withdrawal passed by the Division Bench of this Court would not amount to rejudicata. The writ petition filed is an abuse of process of law and of this Court, the same is not maintainable. The grievance of the petitioner has already been addressed by RBI by its order dated 5.09.2017 passed. If at all the petitioner has any grievance as regards the said order, the petitioner is required to take adequate and necessary steps not by filing of proceedings by way of a private complaint before the Magistrate or by way of writ petition before this Court - Petition dismissed.
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