Dipu K Joseph vs Hdfc Bank Ltd
2024 Latest Caselaw 5185 Ker

Kerala High Court

Dipu K Joseph vs Hdfc Bank Ltd on 15 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               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. 185 OF 2024
PETITIONER:

          DIPU K JOSEPH, AGED 35 YEARS
          S/O. K.J JOSEPH,KANNANTHARA, PERUMBALLY.P.O,
          THAMARASSERY, KOZHIKODE DISTRICT,, PIN - 673586

          BY ADV SAYED MANSOOR BAFAKHY THANGAL



RESPONDENTS:

    1     HDFC BANK LTD, THAMARASSERY BRANCH, V.K SHOPPING
          COMPLEX, OPPOSITE KSRTC BUS STAND, KARADI,
          THAMARASSERY, KOZHIKODE, PIN - 673008

    2     NANDGRAM POLICE STATION
          REPRESTEND BY STATION HOUSE OFFICER CITY
          COMMISSIONERATE- GHAZIABAD, UTTAR PRADESH , E-MAIL -
          [email protected]., PIN - 201003

          SRI.PRADEESH CHACKO - SC.


     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. 185 OF 2024
                                 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 them

by the Police Authorities. This shall be done forthwith, so as to

enable the petitioner to deal with his 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/ intimation

from the Police Authorities, they will adhere to the same and WP(C) NO. 185 OF 2024

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

contentions in this Writ Petition are left open and reserved to

him, to be impelled in future.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 185 OF 2024

APPENDIX OF WP(C) 185/2024

PETITIONER EXHIBITS

Exhibit P 1 TRUE PHOTOSTAT COPY OF STATEMENT OF ACCOUNT FOR THE PERIOD 01-05-2023 TO 25- 12-2023

Exhibit P 2 TRUE PHOTOSTAT COPY OF LETTER DATED 22- 12-2023 ISSUED BY 1STRESPONDENT

Exhibit P 3 PRINT OUT OF THE E-MAIL COMMUNICATION RECEIVED FROM THE 1ST RESPONDENT TO PETITIONER

Annexure 1 Copy of the e-mail sent by the counsel for the petitioner