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Fema / RBI

Exclusion of Lockdown Period- SC cannot issue any direction to RBI

Case Law Details

TaxGuru Citation
2020 taxguru.in 856
Case Name
Harsh Nitin Gokhale Vs Reserve Bank of India & Ors (Supreme Court)
Date of Judgement/Order
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Harsh Nitin Gokhale Vs Reserve Bank of India & Ors (Supreme Court)

In the present case, writ petition file seeking relief to exclude the time period of lockdown for calculating the limitation for presentation of cheque/demand draft within 3 months as per policy decision of RBI.

Supreme Court states that they cannot issue any direction regarding policy decisions issued by RBI, hence the application dismissed as not maintainable.

FULL TEXT OF THE SUPREME COURT JUDGEMENT

The Court is convened through video conferencing.

Delay condoned.

We have heard Harsh Nitin Gokhale-party in-person.

In this writ petition filed under Article 32 of the Constitution of India, the petitioner-in-person seeks relief to exclude the time period of lockdown for calculating the limitation for presentation of cheque/demand draft as directed by the Reserve Bank of India vide Notification dated 04.11.2011.

In  our  considered  view,  this  is  the  policy  decisions  to  be taken  up  by  the  Reserve  Bank  of  India  regarding  which  the  Court cannot issue any direction.

The  writ  petition  filed  under  Article  32  of  the  Constitution of India is dismissed as not maintainable.

Pending applications, if any, shall also stand disposed of.

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Author Info

Prapti Raut
Name: Prapti Raut
Qualification: Student - CA/CS/CMA
Location: MUMBAI, Maharashtra
Articles Published: 475

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