Kerala High Court
Shalima L.S vs M/S Federal Bank Ltd 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. 38457 OF 2023
PETITIONER:
SHALIMA L.S., AGED 25 YEARS
W/O LIBIN GURUDAS, 'LANKALAND', MARIYAM,
VENJARAMOODU P.O, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM, PIN - 695607
BY ADVS.
NIKITA NAIR C.S.
JOSEPH GEORGE
S.S.BIMAL
SYAM K.P.
ASHISH GOPAL K.G
RESPONDENTS:
1 M/S FEDERAL BANK LTD., REPRESENTED BY ITS BRANCH
MANAGER VENJARAMOODU BRANCH, VENJARAMOODU P.O,
THIRUVANANTHAPURAM, PIN - 695607
2 THE BRANCH MANAGER, FEDERAL BANK LTD, VENJARAMOODU
BRANCH, VENJARAMOODU P.O, THIRUVANANTHAPURAM,
PIN - 695607
3 RESERVE BANK OF INDIA, REPRESENTED BY ITS REGIONAL
DIRECTOR BAKERY JUNCTION, P.B.NO.6507,
THIRUVANANTHAPURAM, PIN - 695033
4 UNION OF INDIA,REPRESENTED BY THE SECRETARY OF
DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF
FINANCE JEEVAN DEEP MARG,NEW DELHI, PIN - 110001
BY ADVS.
MOHAN JACOB GEORGE
P.V.PARVATHY (P-41)(K/000036/1991)
REENA THOMAS(R-364)
NIGI GEORGE(K/1169/2012)
ANANTHU V.LAL(K/001233/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 38457/23
2
JUDGMENT
The facts involved in this case are covered by the judgment of
this Court in W.P.(C)No.12960/2023 and connected matters. Since the
learned counsel for the parties are ad idem on this, I allow this writ
petition in terms of the said judgment.
Consequently, I order this Writ Petition with the following
directions:
(a) The respondent Bank arrayed in this case, is directed to
confine the order of freeze against the accounts of the petitioner,
only to the extent of the amounts mentioned in the order/requisition
issued to them by the Police Authorities. This shall be done
forthwith, so as to enable the petitioner to deal with her account,
and transact therein, beyond that limit.
(b) The respondent - Police Authorities concerned are hereby
directed to inform the Bank as to whether freezing of accounts 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/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 directions (b) above, the petitioner will be at full
liberty to approach this Court again; for which purpose, all her
contentions in this Writ Petition are left open and reserved to her,
to impel in future.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 38457/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ACCOUNT DETAILS OF THE
PETITIONER
Exhibit P2 A TRUE COPY OF THE COMMUNICATION BY THE
1ST RESPONDENT BANK TO THE PETITIONER
DATED 19/8/2023
Exhibit P3 A TRUE COPY OF THE BANK STATEMENT FOR THE
PERIOD FROM 01/04/2023 TO 30/10/2023 OF
THE PETITIONER
