Karnataka High Court
Abhuvanasa Creations vs The Icici Bank Branch Manager on 4 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:25524
WP No. 15783 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.15783 OF 2024 (GM-RES)
BETWEEN:
ABHUVANASA CREATIONS
NO.806, 23RD CROSS,
NEAR TO R.N.S. COLLEGE,
DWARAKANAGAR, CHANNASANDRA,
RAJARAJESHWARI NAGAR,
BENGALURU - 560 098.
REPRESENTED BY ITS PROPRIETOR,
RAVINDRA K
AGED ABOUT 35 YEARS,
S/O KUMAR, R/AT NO.806, 23RD CROSS,
NEAR TO R.N.S. COLLEGE,
DWARAKANAGAR, CHANNASANDRA,
RAJARAJESHWARI NAGAR,
BENGALURU - 560 098.
...PETITIONER
(BY SRI. NANDEESH, ADVOCATE)
Digitally signed
by Vandana S AND:
Location: HIGH
COURT OF
KARNATAKA THE ICICI BANK BRANCH MANAGER
NO.483, MAIN ROAD, RAJARAJESHWARI NAGAR,
NEAR IOCL PETROL BUNK
BENGALURU - 560 098.
...RESPONDENT
(BY SRI. JAI M. PATIL AND
SMT. SRIDEVI, ADVOCATES)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO LIEN /
FREEZE / DEBIT FREEZ THE DISPUTED AMOUNT TILL THE
INVESTIGATION IS OVER AND DE-FREEZE THE ENTIRE
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NC: 2024:KHC:25524
WP No. 15783 of 2024
PETITIONER BANK CURRENT ACCOUNT NO.093805004623 IFSC
ICIC0000938.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
"a) Issue writ of mandamus directing respondent No.1
to lien / Freez / Debit Freez the Disputed Amount till the
investigation is over and De-freez the entire petitioner's
Bank Current Account No.093805004623 IFSC:
ICIC0000938.
b) Pass such other order(s) which this Court may
deem fit and proper in the interest of justice."
2. Heard learned counsel for the petitioner and learned
counsel for the respondent 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.093805004623 out of the total
transaction amount, the disputed amount is only Rs.2,07,764/- and
that the petitioner has no objection for a lien to be created on the
said amount and necessary directions may be issued to the
respondent - bank to defreeze the aforesaid subject account by
NC: 2024:KHC:25524
marking a lien only to an extent of disputed amount, which is
Rs.2,07,764/-. 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 for respondent 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.2,07,764/- 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.093805004623 of the petitioner in
respondent - bank by marking lien only to an extent of
Rs.2,07,764/-. It is needless to state that marking of the said lien
would be subject to the final out come of the investigation.
NC: 2024:KHC:25524
6. Subject to the aforesaid observations and directions,
the petition stands disposed of.
Sd/-
JUDGE
SV
