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Bombay High Court Halts Banks’ Fraud Proceedings Against Anil Ambani and RCom Over Flawed Audit

The court said the BDO LLP report was prima facie unreliable because it violated RBI directions plus statutory auditor-qualification requirements.

Overview

  • The interim order stays all present and future fraud-classification steps by Indian Overseas Bank, IDBI Bank and Bank of Baroda against Ambani and Reliance Communications.
  • The judge held the October 15, 2020 forensic report could not be relied on since it was not signed by a duly qualified chartered accountant and the auditor’s appointment did not meet Companies Act norms.
  • The court criticized lenders for delayed action, noting transactions from 2013–2017, an audit initiated in 2019, a report in 2020 and show-cause notices in 2024, contrary to RBI timelines.
  • The order warned that a fraud label carries ‘virtually drastic’ consequences including blacklisting, denial of credit, potential criminal FIRs, reputational damage and what it called ‘civil death.’
  • The banks’ reliance on the 2016 Master Directions to defend the audit was rejected at this stage, a six‑week stay of the ruling was refused, conflict-of-interest concerns with BDO were flagged and the suits now proceed to final hearing.