M/S Kanwal International ... vs The Dgm, Idbi Bank Ltd. & Ors
2017 Latest Caselaw 1510 Del

$~31.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 2588/2017 and CM APPL. 11196/2017
      M/S KANWAL INTERNATIONAL REPRESENTED THROUGH
      ITS PROPRIETOR                             ..... Petitioner
                    Through: Mr. Himanshu Buttan, Advocate with
                    petitioner in person.

                     versus
      THE DGM, IDBI BANK LTD. & ORS               ..... Respondents
                     Through: Mr. Abhishek Anand, Advocate
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 21.03.2017

1. The present petition has been filed by the petitioner praying inter alia for issuing directions to the respondents/IDBI Bank to defreeze the account maintained with its Janakpuri Branch.

2. Counsel for the respondents/Bank, who appears on advance notice, states that the petitioner has rushed to this Court prematurely without making compliances of the letter dated 06.03.2017 addressed by the Bank, calling upon her to visit the concerned Branch and provide documentary evidence of business related transactions for the past two months.

3. Counsel for the respondents/Bank explains that some unusual activity was noticed in the account of the petitioner in the last week of January, 2017 and in accordance with the RBI Master Circular dated 01.07.2014, steps were taken to verify the address furnished by the petitioner, from where she was running her business. On making enquiries, the petitioner was not found at

the first address given by her. When the officers of the respondents/Bank visited the new address furnished by the petitioner, her husband was found there but the premises was being used only for residential purposes and not for any business purposes.

4. Counsel for the petitioner disputes the aforesaid submission and states that the he has documents to prove that the business of the petitioner is being run from the second address.

5. In view of the aforesaid submission, it is deemed appropriate to dispose of the present petition with directions issued to the petitioner to meet the Branch Manager of Janakpuri Branch of the respondents/Bank on 27.03.2017 at 2:30 PM. The petitioner shall carry with her all the documentary evidence to prove that she is running her business from the address furnished to the respondents/Bank. The said documents shall be examined by the respondents/Bank and clarification, if any, sought from the petitioner. If satisfied with the documents furnished, in terms of the RBI guidelines, steps shall be taken to defreeze the account of the petitioner.

6. In the event, the petitioner is aggrieved by the decision that may be taken by the respondents/Bank, she shall be entitled to seek legal recourse.

7. The petition is disposed of alongwith the pending application.

HIMA KOHLI, J MARCH 21, 2017/rkb/ap