Kerala High Court
Fly Forex Private Limited vs The Bank Manager The Axis Bank Ltd on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.16107/2024 1/3 Order Date : 10-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
WP(C) NO. 16107 OF 2024
PETITIONER:
FLY FOREX PRIVATE LIMITED, DOOR NO: 3/716, NEAR MINI CIVIL STATION,
KODUVALLY P.O, THAMARASSERY, KOZHIKODE, PIN: 673572 REPRESENTED BY
ITS MANAGING DIRECTOR- FAYAS K.C, SON OF. ABDU RAHIMAN,
KAZHAKANCHALI(H), PADANILAM P.O, KUNNAMANGALAM, KOZHIKODE (DIST.),
PIN - 673571
RESPONDENTS:
1. THE BANK MANAGER, THE AXIS BANK LTD., CALICUT BRANCH, MARINA HALL,
YMCA CROSS ROAD, CALICUT (DIST.), PIN - 673001
2. STATION HOUSE OFFICER, GHATKOPAR POLICE STATION, LAL BAHADUR SHASTRI
MARG, CHIRAG NAGAR, GHATKOPAR WEST, MUMBAI, MAHARASHTRA [ EMAIL:-
[email protected]], PIN - 400086
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim direction to 1st respondent to de freeze and
permit the petitioner to operate the Account Number: 923020007101821 of
Axis Bank Ltd, Calicut Branch, Kozhikode (Dist) and further restraining
the 1st respondent from freezing the bank account of the petitioner
without obtaining order under Section 102 of the Code of Criminal
Procedure, pending the disposal of WP(C).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/s. V.S.MANSOOR & AKHIL BINOY, Advocates for the petitioner and of M/S
MADHU RADHAKRISHNAN, NELSON JOSEPH, M.D.JOSEPH & DEEPAK ASHOK KUMAR,
Advocates for R1, the court passed the following:
WP(C) No.16107/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P. (C) No.16107 of 2024
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Dated this the 10th day of May, 2024
ORDER
It is submitted by the learned counsel for the petitioner
that after Ext.P6 judgment, at the instance of the very same
complainant, the Bank, on requisition from the 2 nd
respondent has again freezed the account of the petitioner.
The learned counsel for the petitioner further states that the
amount ordered to be frozen is not stated in the
communication and therefore the petitioner is not in a
position to operate the account.
2. The learned counsel for the Bank to get
instructions as to whether the requisition by the Police is on
the basis of the very same complainant and shall also
ascertain the amount that has to be freezed in the account
of the petitioner.
Post on 24.05.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C) No.16107/2024 3/3 Order Date : 10-05-2024
APPENDIX OF WP(C) 16107/2024
Exhibit P1 A TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE RESERVE
BANK OF INDIA TO THE PETITIONER
Exhibit P2 . A TRUE PHOTOCOPY OF THE BANKING STATEMENT OF THE
PETITIONER IN RESPECT OF ACCOUNT NO: "923020007101821"
ISSUED BY 1ST RESPONDENT
Exhibit P3 A TRUE PHOTOCOPY OF THE BILL DTD: 13/10/2023 GENERATED
BY THE PETITIONER FOR THE SERVICE AVAILED BY CUSTOMER;
ABDU RAHIMAN THEKKE KUDDINNIL
Exhibit P4 A TRUE COMPUTER COPY OF E-MAIL DATED 16/10/2023 SENT BY
THE 1ST RESPONDENT
Exhibit P5 A TRUE COMPUTER COPY DTD:1/12/2023 OF THE RELEVANT PAGE
OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT WITH
RESPECT TO THE ALLEGED DEFRAUDED AMOUNT
Exhibit P6 A TRUE PHOTO COPY OF RELEVANT PAGES OF THE JUDGEMENT IN
W.P.C NO: 40875/2023
Exhibit P7 A TRUE COPY OF THE LETTER DTD: 4/03/2024 ISSUED BY THE
2ND RESPONDENT
