Bombay High Court
URRSHILA KERKARversusUNION BANK OF INDIA
- Decided
- Disposal
- DISPOSED OFF
Holding
The court set aside the fraud declaration order and remitted the matter to the bank for fresh consideration, disposing the petition per the agreed minutes of order.
Summary
The petitioner, Urrshila Kerkar, challenged Union Bank of India's fraud declaration dated 16 October 2025 and sought the production of a forensic audit report and removal of her name from the Fraud Monitoring Return maintained with the RBI. The bank, together with the RBI, filed a minutes of order agreeing to provide the requested report, allow the petitioner to file a reply to the show‑cause notice, and to delete her name from the FMR, while preserving its right to re‑declare fraud if warranted. The High Court examined the minutes and found that they fairly addressed the issues without prejudice to either party. Accordingly, the court accepted the minutes of order, set aside the fraud declaration order, and remitted the matter to the bank for fresh consideration of the show‑cause notice. The petition was disposed in accordance with the minutes of order.
Issues considered
- Whether the fraud declaration order dated 16 October 2025 should be set aside
- Whether the petitioner is entitled to the forensic audit report of Cox & Kings Limited
- Whether the bank must remove the petitioner’s name from the Fraud Monitoring Return maintained with the RBI
- Whether compliance with RBI Master Directions on Frauds is required in the present circumstances
Subjects
- fraud declaration
- forensic audit report
- RBI Master Directions
- Fraud Monitoring Return
- natural justice
- writ petition
- banking law
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.482 OF 2026
Urrshila Kerkar .... Petitioner
versus
Union Bank of India .... Respondent
…....
• Mr. Aspi Chenoy, Senior Advocate a/w Ms. Disha Shah a/w
Neeha Nagpal a/w Mr. Nikunj Mahajan, Advocate for
Petitioner.
• Mr. Kevie Setalvad, Senior Counsel a/w Jehan Lalkaka a/w Mr.
Nishit Dhruva a/w Mr. Prakash Shinde a/w Ms. Niyati
Merchant a/w Ms. Preeti Agarwal i/b. MDP Legal, Advocate
for Respondent No.1.
• Mr. Huzan Bhumgara a/w Ms. Shubhi Dotiya i/b. Desai &
Diwanji, Advocate for Respondent No.2-RBI.
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 06th OCTOBER, 2026
P.C. :
1. The Petition is filed with the main prayer i.e. prayer
clause (a). At the outset, the learned Senior counsel appearing
for the Petitioner submitted that he is not pressing the other
MANUSHREE
NESARIKAR
prayers in this Petition.
Digitally signed
by MANUSHREE
NESARIKAR
Date: 2026.10.08
11:13:30 +0530
Nesarikar
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2. Learned Senior Counsel appearing for the Respondent
No.1 tendered Minutes of Order. It is taken on record and
marked ‘X’ for identification. The Minutes of Order are signed by
the learned counsel for the Petitioner and the Respondent No.1
Bank. Both the learned Senior Counsel appearing for the
Petitioner and the Respondent No.1 submitted that the clauses
in the Minutes of Order are acceptable to both the parties and it
is fair resolution to the questions raised in the Petition. The
Minutes of Order are as follows :
“ MINUTES OF ORDER
1. Without prejudice to the rights and contentions of
Respondent No.1 Bank, and without admitting or
conceding any inadequacy or incompleteness in
the documents already furnished to the Petitioner
through the pen drive, Respondent No. 1-Bank, in
the interest of justice and in accordance with the
principles of natural justice, shall once again
provide to the Petitioner, within five (5) days from
today, a hard copy of the document titled "Report
on Forensic Review of Cox & Kings Limited"
dated 19th August 2020, issued by
Pricewaterhouse Coopers Private Limited, along
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with all annexures and documents forming part of
the forensic audit material.
2. No liability or responsibility of whatsoever nature
shall be attached to Respondent No. 1-Bank or its
officers or employees by reason of the Bank
providing such documents in compliance with this
order. All the rights and contentions of the Bank in
this regard are expressly preserved.
3. The Petitioner shall file her Reply to the Show
Cause Notice dated 19th April, 2024 within
twenty-one (21) days from the date of receipt of
the said Report and documents.
4. Respondent No. 1-Bank shall consider the Reply
of the Petitioner, if any, and pass a detailed,
reasoned order within [3] weeks from the date of
receipt of the Reply.
5. Respondent No. 1-Bank shall, within [15] days
from today, take all steps necessary to remove the
Petitioner's name from the Fraud Monitoring
Return (FMR) and from the corresponding records
maintained with or reported to the Reserve Bank
of India. This is without prejudice to the Bank's
right to report afresh, if so warranted by the fresh
order passed under paragraph 4 and in accordance
with law.
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6. This order is passed without expressing any
opinion on the merits of the matter and having
regard to the peculiar facts and circumstances of
the case. Nothing contained herein shall be
construed as extending. modifying, or otherwise
affecting the timelines prescribed under the RBI
Master Directions on Frauds.
7. All rights and contentions of all parties are
expressly kept open.
8. Accordingly, the fraud declaration order dated 16th
October 2025 is set aside, solely on the specific
facts and circumstances of this matter, and the
matter is remitted to Respondent No. 1-Bank for
fresh consideration at the stage of the Show Cause
Notice.
9. The Writ Petition is disposed accordingly.”
3. We have considered these submissions and the clauses
in the Minutes of Order. We are of the opinion that the Minutes
of Order resolved the issue fairly and squarely. Therefore, we
accept it.
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4. The Petition is disposed of in terms of Minutes of
Order.
5. It is clarified that there shall be no further demand by
the Petitioner for any other documents except those mentioned
in the Minutes of Order.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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