Jobin Joseph vs Federal Bank
2024 Latest Caselaw 5325 Ker

Kerala High Court

Jobin Joseph vs Federal Bank 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. 353 OF 2024
PETITIONER:

          JOBIN JOSEPH, AGED 34 YEARS, S/O JOSEPH,
          R/O EDATHIL VALAIYAKAVALA, VAIKOM (P.O),
          NADUVILE, KOTTAYAM, PIN - 686141

          BY ADVS.
          MEGHA BIJU
          GAUTHAM KRISHNA E.J.
          NAVANEETH.N.NATH


RESPONDENTS:

    1     FEDERAL BANK, REPRESENTED BY THE BRANCH MANAGER,
          KJP TOWER VAIKOM, KOCHUKAVALA, KOTTAYAM,
          PIN - 686141

    2     HUSAINGANJ POLICE STATION, REPRESENTED BY THE SHO,
          12/52, CANTONMENT ROAD, UDAIGANJ, HUSAINGANJ,
          LUCKNOW, UTTAR PRADESH, PIN - 226001

    3     RESERVE BANK OF INDIA, REPRESENTED BY THE SECRETARY,
          BAKERY JUNCTION P.B NO 6507, THIRUVANANTHAPURAM.,
          PIN - 695033

          BY ADV. MOHAN JACOB GEORGE - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 353/24
                                     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 account of the petitioner,

only to the extent of the amounts 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 his 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 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

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 his

contentions in this Writ Petition are left open and reserved to him,

to impel in future.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE



                  APPENDIX OF WP(C) 353/2024

PETITIONER EXHIBITS
Exhibit P1          THE TRUE COPY OF THE RESPONSE DATED

                    BANK
Exhibit P2          A TRUE COPY OF THE JUDGEMENT IN WP(C)
                    39741/2023, DATED 12.12.2023