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Judgment
R.A. No. 262 of 2019
R.A. No. 262 of 2019, which is a review application filed against this Commission's Order dated 18.07.2019, was listed in chamber on 09.10.2019 (yesterday), but the file was not received from the Registry yesterday.
This review application has been taken up in the Bench on 10.10.2019 (today).
On being called out, as the first case at 10.30 a.m., learned counsel for Axis Bank happened to be present and sought time to seek instructions.
At the request of learned counsel for Axis Bank, the case was deferred to 2.00 p.m.
We heard learned counsel for Axis Bank at 2.00 p.m., and carefully perused the material on record, including, inter alia , specifically, the Order dated 18.07.2019, the Order dated 17.09.2019 and the instant review application dated 27.09.2019.
The review application has been filed by the opposite party no. 4 Axis Bank against the Order dated 18.07.2019 of this Commission vide which C.C. No. 1223 of 2019 was dismissed.
Earlier, on 17.09.2019, a review application, M.A. No. 398 of 2019, filed by the complainant, was dismissed by this Commission:
17.09.2019
ORDER
Heard the complainant in person.
Perused the material on record.
M.A. No. 398 of 2019 is an application for waiver of cost imposed vide this Commission's Order dated 18.07.2019.
The Order dated 18.07.2019 is self-contained and self-speaking. We find no reason evident to in any manner amend the said Order dated 18.07.2019, or, specifically, to waive the cost imposed vide the said Order dated 18.07.2019.
The M.A., being bereft of merit, is dismissed. The Order dated 18.07.2019 stands as it stood.
This Commission vide its Order dated 18.07.2019 had inter alia advised Axis Bank as follows:
We also note that the OP no. 4 Axis Bank, a private-sector bank, is subject to the control of the central bank, the RBI. Its officers are accountable. Its accounts are subject to audit.
16 We find it appropriate and necessary to advise the chief executive of the Axis Bank to get the matter related to this whole case (in its Axis Bank, Axis House, Tower-2, 2 nd Floor, 1-14, Sector-128, Noida Expressway, Jaypee Greens Wishtown, Noida-201301 branch) inquired into by an external senior responsible officer and to take the necessary appropriate steps in case of any irregularity, or of any infringement of any administrative, financial or vigilance rule / s, on the part of its said branch / officers concerned. The said inquiry officer should be higher in level than / different from the officers who have, till now, dealt with the case in any capacity and in any manner.
Towards this end, the Registrar of this Commission shall send a copy each [a] of the "Date of Events and Synopsis" and [b] of the "Complaint" along with a copy of this Order to the chief executive of the Axis Bank within ten days of the pronouncement of this Order.
(paras 15 and 16 of this Commission's Order dated 18.07.2019)
The instant review application, R.A. No. 262 of 2019, has been filed by Axis Bank against the advice made to Axis Bank by this Commission.
We fail to understand what can be objectionable in advising the chief executive of the Bank to get the whole matter inquired into. We also fail to understand why there is objection to inquire and take the necessary appropriate steps in case of any irregularity or of any infringement of any administrative or financial or vigilance rule / s.
Not taking the advice, made in the facts and specificities of the allegations made in the complaint, and, on the contrary, filing an ill-conceived and unwarranted review application thereagainst, and in the process unnecessarily and unwarrantedly wasting public time and monies, is not viewed favourably.
Learned counsel for the review applicant Axis Bank, submits, on instructions, that it would like to withdraw the review application and that it will comply with the advice contained in the Order dated 18.07.2019, and requests for a time of eight weeks to comply with the said advice contained in para 16 of the said Order dated 18.07.2019. Mr. Anoop Sharma, Assistant Vice President, Axis Bank Ltd., present in person, confirms.
The review application is dismissed as withdrawn. The advice contained in para 16 of the Order dated 18.07.2019 of this Commission's Order is reiterated and confirmed.
The Registry of this Commission is directed to send a copy of this Order to the chief executive of Axis Bank, Axis Bank Limited, Corporate Office, Bombay Dyeing Mills Compound, Pandurang Budhkar Marg,Worli, Mumbai - 400025, by registered post and by speed post (both) within three days from today.
'Dasti', in addition, to facilitate timely compliance.