Tuesday, January 10, 2017

Re: [IAC#RG] Suggestions Invited: Accidental Discovery of demonetised currency at home post Dec 30 Deadline

I feel filing a writ petition in the  High Court may be, perhaps, the best answer. Your case appears very genuine. You may implead Governor RBI and the Union of India (through the Secretary, Ministry of Finance) as the parties. The writ application should be from your wife who should support the averments on affidavit, giving details as to how she came to be in possession of the money. It is a known fact that wives do save money from the household expenses given to them by their husbands, gifts from parents, brothers etc. And they do keep such money in such places as cannot be detected by anyone, including the husband, or be stolen. And at times wives do forget where they kept the money. 

But unfortunately litigation is expensive. It may be a case of the monkey gaining from the fight between two cats - I mean lawyer may gain by way of fee. 

The strongest ground could be "The promise that the RBI Governor has made to pay on demand". Such promise cannot be revoked at the instance of the third Party (Govt).

Another sound ground being that Mr Modi had earlier promised that after 31 Dec 2016 one could deposit the old currency with the RBI till 31 March 2017. 

High Court has the power and in an appropriate case may issue writ. 

I wish you success. 


Sent from my iPhone

On 11-Jan-2017, at 2:43 AM, Colonel Srikant <colonelsrikant@gmail.com> wrote:

While packing to move house, in Bangalore, my wife and I discovered, yesterday, one lakh rupees in demonetised notes in our steel cupboard, which we had kept aside for medical and other emergencies (we are both well above 60 years and retired from government service- army and banking), and overlooked to deposit by Dec 30. 
Can anyone, under the unexpected circumstances, suggest the best possible solution to help us out and whom to contact for same? 

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