Citation : 2024 Latest Caselaw 5128 Ker
Judgement Date : 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 41744 OF 2023
PETITIONER:
AIR GUIDE TRAVEL GUIDANCE
MA TOWER 1ST FLOOR, CV JUNCTION PONNANI, MALAPPURAM,
KERALA REPRESENTED BY ITS AUTHORISED REPRESENTATIVE
MUSAVVIR, PIN - 679577
BY ADVS.
ASWIN GOPAKUMAR
ANWIN GOPAKUMAR
ADITYA VENUGOPALAN
SARANYA BABU
NIKITHA SUSAN PAULSON
MAHESH CHANDRAN
SHALLET K. SAM
RESPONDENTS:
1 POLICE INSPECTOR
THE CYBER CRIME POLICE STATION, BUNGLOW NO.15, DAFNALA
CROSS RD, NEAR IPS MESS, SHAHIBAG, AHMEDABAD, GUJARAT,
PIN - 38000
2 FEDERAL BANK
P. B. NO. 23, PONNANI, CHAMRAVATTOM JN, CHAMRAVATTOM,
MALAPPURAM REPRESENTED BY ITS BRANCH HEAD, PIN - 679577
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)
SRI.P.PAULOCHAN ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41744 OF 2023
2
JUDGMENT
The facts involved in this case are covered
by the judgment of this Court in Dr.Sajeer v.
Reserve Bank of India [2024 (1) KLT 826]. 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 their
accounts, and transact therein, beyond that
limit.
WP(C) NO. 41744 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.
(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 or such among them,
will be at full liberty to approach this Court WP(C) NO. 41744 OF 2023
again; for which purpose, all their contentions
in this Writ Petition are left open and reserved
to them, to impel in future.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 41744 OF 2023
APPENDIX OF WP(C) 41744/2023
PETITIONER'S EXHIBITS:
Exhibit P-1 A TRUE COPY OF THE NOTICE DATED 29.11.2023 ISSUED BY RESPONDENT NO.2
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