Shamnas K.P vs South Indian Bank
2023 Latest Caselaw 12462 Ker

Citation : 2023 Latest Caselaw 12462 Ker
Judgement Date : 22 November, 2023

Kerala High Court

Shamnas K.P vs South Indian Bank on 22 November, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                       WP(C) NO. 29497 OF 2023
PETITIONER:

          SHAMNAS K.P, AGED 29 YEARS, S/O ABDUL ASEES,
          SOLE PROPRIETOR STAR COMMUNICATIONS, PP7/454,
          PUTHUPPADY, KAITHAPPOYIL, KOZHIKODE, KERALA,
          PIN 673586. NOW RESIDING AT KAVUMPURAM HOUSE,
          PRUMPALLY (PO), KOZHIKODE DISTRICT, PIN - 673586.

          BY ADVS.P.S.ANISHAD
          DONY C. JOSE
RESPONDENTS:

    1     SOUTH INDIAN BANK, PUDUPPADI BRANCH, NH 212,
          KOZHIKODE -WAYANAD ROAD, KAITHAPOYIL (P.O),
          PUDUPPADI, KOZHIKODE PIN 673586,
          REPRESENTED BY ITS MANAGER.

    2     ABDUL VARIS NK, AGED 39 YEARS
          S/O.ABDULKAREEM, NADUKKANDY, KANTHAPURAM,
          UNNUKULAM, KOZHIKODE DIDTRICT, PIN - 673574.

    3     STATION HOUSE OFFICER, SHRINAGAR POLICE STATION,
          SECTOR NUMBER 2, BHATWADI, SHRINAGAR, THANE WEST,
          THANE DISTRICT, MAHARASHTRA, PIN - 400604.

    4     DIRECTOR GENERAL OF POLICE, MAHARASHTRA, LION GATE,
          FORT, MUMBAI, MAHARASHTRA, PIN - 400001.

    5     DIRECTOR GENERAL OF POLICE,
          KERALA STATE POLICE HEADQUARTERS, VAZHUTHAKKADU,
          THIRUVANANTHAPURAM, PIN - 695010.

    6     STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
          GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT
          THIRUVANANTHAPURAM, PIN - 695001.

          BY ADVS.SUNIL SHANKER
          P.A.AUGUSTINE(AREEKATTEL)
          SRI.SUNIL KUMAR KURIAKOSE, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29497 OF 2023
                                 -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.

WP(C) NO. 29497 OF 2023

(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.

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 WP(C) NO. 29497 OF 2023

Petition are left open and reserved to her, to

impel in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 29497 OF 2023

APPENDIX OF WP(C) 29497/2023

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE LICENCE FOR THE PERIOD 2023 - 2024 ISSUED BY THE PUDUPPADY GRAMA PANCHAYAT DATED.01.04.2023

EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE RAPIPAY FINTECH PVT LTD. APPOINTING THE PETITIONER AS AN AUTHORISED DISTRIBUTOR DURING THE FINANCIAL YEAR 2023 - 2024

EXHIBIT P3 A TRUE COPY OF RECEIPT OF THE TRANSACTION TO THE BIOS INTERNET BY THE PETITIONER DATED 16.04.2023 AND 17.04.2023

EXHIBIT P4 A TRUE COPY OF THE SCREEN SHOT OF THE RECEIPT OF THE AMOUNT TRANSFERRED BY THE THIRD PARTY TO THE PETITIONER FORWARDED BY THE BIOS TO THE PETITIONER DATED 17.04.2023 AND 18.04.2023

EXHIBIT P5 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 01.08.2023

EXHIBIT P6 A TRUE COPY OF THE SOUTH INDAN BANK ACCOUNT STATEMENT OF THE PETITIONER FOR THE PERIOD FROM 15.04.2023 TO 20.04.2023

EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE OF AUTHORISATION ISSUED BY THE RESERVE BANK OF INDIA DATED 25.01.2018

EXHIBIT P8 A COPY OF THE EMAIL RECEIPT OF NOTICE TO THE 3RD RESPONDENT DATED 13.10.2023 WP(C) NO. 29497 OF 2023

EXHIBIT P9 A COPY OF THE EMAIL RECEIPT OF NOTICE TO THE 4TH RESPONDENT DATED 13.10.2023