Bombay High Court

WP/2999/2026 of ABHISHEK JAYASWAL S/O. MANOJ JAYASWAL Vs ICICI BANK LIMITED, MUMBAI AND OTHERS on 8 October 2026

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1 WP2999-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.2999/2026 (ABHISHEK MANOJ JAYASWAL VERSUS ICICI BANK LIMITED, MUMBAI & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Ms Ashwini Athalye, counsel for the petitioner. Shri Aviral Sahai and Ms Aanya Anvesha, Counsel i/b Cyril Amarchand Mangaldas for the respondent no.1. Shri M. Anilkumar, counsel for the respondent no.2. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE

, JJ.

D ATE

: OCTOBER 08

, 2026

. P. C. Heard the learned counsel for the parties.

2. The petitioner seeks challenge to the impugned show cause notice dated 12.03.2026, issued by respondent no.1-ICICI Bank Limited to the petitioner, which is at Record Page No.39 (Annexure-P1).

3. A perusal of the petition reveals that the petitioner has already submitted reply on 31.03.2026 to the aforesaid show cause notice, which is at Record Page No.87 (Annexure-P8). The learned counsel for the petitioner submits that the petitioner has approached this Court seeking challenge to the aforesaid show cause notice in view of the fact that respondent no.1 has no jurisdiction to issue such show cause notice to the petitioner. In support of the said contention, he relies on the judgment of the Hon'ble Supreme Court of India in J.Sri Nisha Versus Special Director, Adjudicating Authority, Directorate of Enforcement & Another [2026 SCC Online SC 517].

4. A perusal of the reply dated 31.03.2026 filed by the petitioner to the said show cause notice reveals that such ground is inadvertently not raised by the petitioner neither the judgment of the Hon'ble Supreme Court of India has been referred.

2 WP2999-26.odt

5. Thus, we dispose of the present Writ Petition with liberty to the petitioner to approach respondent no.1-ICICI Bank Limited and file an additional reply raising such ground as to the jurisdiction of the respondent no.1 so also any other ground available to him, in the additional reply. The petitioner shall also produce a copy of the judgment of the Hon'ble Supreme Court of India referred supra before respondent no.1.

6. The respondent no.1 is directed to decide the aforesaid show cause notice after considering all the contentions raised by the petitioner in the main reply so also in the additional reply and the judgment of the Hon'ble Supreme Court of India. In case, the order is adverse to the petitioner, the same shall be kept in abeyance for a period of seven days from the date of service of the order on the petitioner, in order to enable the petitioner to challenge the aforesaid adverse order before the appropriate forum.

7. The writ petition is accordingly disposed of. No costs. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) APTE Signed by: Apte Designation: Senior Pvt. Secretary Date: 09/10/2026 19:37:45

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