Branchx India Private Limited vs National Cyber Cell Reporting Portal
2023 Latest Caselaw 13193 Ker

Kerala High Court

Branchx India Private Limited vs National Cyber Cell Reporting Portal on 15 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                       WP(C) NO. 41057 OF 2023
PETITIONER:

          BRANCHX INDIA PRIVATE LIMITED HAVING ITS REGISTERED
          CORPORATE OFFICE AT, H-87, SECTOR 63, NOIDA, GAUTAM
          BUDDHA NAGAR, UTTAR PRADESH- 201301. REPRESENTED BY ITS
          AUTHORIZED SIGNATORY, AMAL V NAIR, AGED 32 YEARS, S/O
          VASUDEVAN NAIR KAROTTUPUTHENPURA HOUSE, MATHIRAPPILLY,
          KOTHAMANGALAM P.O, ERNAKULAM, PIN - 686691

          BASIL CHANDY VAVACHAN
          CHARUTHA BHAIJU
          CHANDHANA BHAIJU
          BASIL SAJAN
          FATHIM NAVAS
          BASIL SCARIA
          KAVYA P.R.



RESPONDENTS:

    1     NATIONAL CYBER CELL REPORTING PORTAL
          INDIAN CYBER CRIME COORDINATION CENTRE, MINISTRY OF
          HOME AFFAIRS, GOVERNMENT OF INDIA. REPRESENTED BY ITS
          DIRECTOR, PIN - 110001

    2     HDFC BANK, GREATER NOIDA BRANCH, SHRI RADHA SKY GARDEN,
          GROUND FLOOR , SHOP NO. 17, 18, 19, 20, GH-05, SECTOR
          16B, NOIDA, GAUTAM BUDDHA NAGAR, GREATER NOIDA
          REPRESENTED BY ITS MANAGER, PIN - 201305

    3     T GLOBAL ASSOCIATES, HAVING ITS OFFICE AT TEE PEE
          PLAZA, NILAMBUR ROAD, 8/1668, MANJERI, MALAPPURAM
          REPRESENTED BY ITS PROPRIETOR, PIN - 679329

          SRI S MANU-DSGI



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41057 OF 2023
                                2


                           JUDGMENT

It is without doubt that the issues involved in this case

have already been answered by this Court in W.P.(C)

No.12960 of 2023 and connected matters.

In the afore circumstances and since the learned

counsel for the parties are completely ad idem as above, I

allow this writ petition in terms of the afore judgment in the

following manner:

(a) The respondent - Bank, is directed to confine the

order of freeze against the account of the petitioner, only to

the extent of the amount mentioned in the order/requisition

issued to him by the Police Authorities. This shall be done

forthwith, so as to enable the petitioner to deal with their

account, and transact therein, beyond that limit.

(b) The respondent - Police Authorities concerned are

hereby directed to inform the Bank as to whether the freezing

of the account of the petitioner in this Writ Petition will

require to be continued even in the afore manner; and if so,

for what further time, within a period of eight months from

the date of receipt of a copy of this judgment.

(c) On the Bank receiving the afore information/ WP(C) NO. 41057 OF 2023

intimation from the Police Authorities, they will adhere to the

same and complete necessary action - either continuing the

freeze for such period as mentioned therein; or withdrawing

it, as the case may be.

(d) If, however, no information or intimation is received

by the Bank in terms of direction (b) above, petitioner will be

at full liberty to approach this Court again; for which purpose,

all their contentions in this Writ Petition are left open and

reserved to them, to be impelled in future.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 41057 OF 2023

APPENDIX OF WP(C) 41057/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CERTIFICATION OF INCORPORATION OF PETITIONER COMPANY

Exhibit P2 THE TRUE COPY OF THE BOARD OF RESOLUTION PASSED BY THE PETITIONER ON 08/09/2023

Exhibit P3 THE TRUE COPY OF THE DISTRIBUTION PARTNER AGREEMENT DATED 19/08/2022 ENTERED BETWEEN THE PETITIONER AND 3RD RESPONDENT