Karnataka High Court
M/S Inevitable Marketing Limited vs Union Of India on 3 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:25173
WP No. 8950 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 8950 OF 2023 (GM-RES)
BETWEEN:
M/S INEVITABLE MARKETING LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR,
HAVING ITS OFFICE AT SURVEY NO. 49/4,
BYANDAHALLI VILLAGE, DASANAPURA HOBALI,
BANGALORE - 562 130.
...PETITIONER
(BY SRI. HITESH GOWDA B J, ADVOCATE FOR
SRI. ADITYA D, ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY FINANCE
NEW DELHI - 110 001.
2. THE FEDERAL BANK
REPRESENTED BY ITS BRANCH MANAGER ,
JALAHALLI BRANCH,
Digitally NO.17, 1, SM ROAD, PHASE-I JALAHALLI WEST,
signed by
Vandana S BENGALURU KARNATAKA - 560 015.
Location:
HIGH COURT 3. THE STATE OF KARNATAKA
OF BY NATIONAL CYBER POLICE
KARNATAKA REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
...RESPONDENTS
(BY SMT. PRIYANKA S BHAT, CGC FOR R1;
SRI. VINAY PAUL T K, ADVOCATE FOR R2;
SRI. SUDEV HEGDE, AGA FOR R3)
THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT NO. 2 TO DE-FREEZE THE BANK ACCOUNT
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NC: 2024:KHC:25173
WP No. 8950 of 2023
(CURRENT ACCOUNT) BEARING NO. 15820200010621 HELD WITH
THE RESPONDENT NO. 2 BANK BY THE PETITIONER AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
"(i) Issue a writ of mandamus directing the
Respondent No.2 to de-freeze the bank account (Current
Account) bearing No.15820200010621 held with the
respondent No.2 bank by the petitioner.
(ii) Issue a writ of mandamus directing the
Respondent No.2 to immediately consider the representation
dated 01.04.2023 of the Petitioner; at Annexure-C
(iii) Pass any order, or direction as deems fit in the
facts and circumstances case including cost in the interest of
justice."
2. Heard learned counsel for the petitioner and learned
counsel for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged
in the memorandum of petition and referring to the material on
record, learned counsel for the petitioner submits that in respect of
petitioner's bank account No.15820200010621 out of the total
transaction amount, the disputed amount is only Rs.1,00,000/- and
that the petitioner has no objection for a lien to be created on the
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said amount and necessary directions may be issued to
respondent No.2 - bank to defreeze the aforesaid subject account
by marking a lien only to an extent of disputed amount, which is
Rs.1,00,000/-. In support of his contention, he placed reliance
upon the judgments of this Court in Razorpay Software Private
Limited Vs. The State of Karnataka and another -
W.P.No.62/2022 dated 22.09.2022 and N. Nagaraju Vs. State of
Karnataka and another - W.P.No.27214/2023 dated 23.01.2024.
4. Per contra, learned counsel CGC for respondent No.1
and learned AGA for respondent No.3 submits that the present
petition may be disposed of in terms of the judgment passed in
Razorpay Software Private Limited by marking a lien to an extent
of Rs.1,00,000/- in the account of the petitioner.
5. In view of the aforesaid facts and circumstances and
the judgment of this Court in Razorpay's case, I deem it just and
appropriate to dispose of this petition directing to defreeze the
aforesaid bank account No.15820200010621 of the petitioner in
respondent No.2 - bank by marking lien only to an extent of
Rs.1,00,000/-. It is needless to state that marking of the said lien
would be subject to the final out come of the investigation.
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6. Subject to the aforesaid observations and directions,
the petition stands disposed of.
Sd/-
JUDGE
BMC
