Kerala High Court
Middle East Travel And Tourism vs State Of Kerala on 27 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
WP(C) NO. 9459 OF 2024
PETITIONER:
MIDDLE EAST TRAVEL AND TOURISM
OFFICE AT EMERALD MALL,
MAVOOR ROAD, KOZHIKODE,
REPRESENTED BY ITS PROPRIETOR
ASHRAF ARANGIL, S/O LATE KOYA ARANGIL,
PIN - 673661
BY ADVS.
GAYATHRI MURALEEDHARAN
ARATHY P.
ANJANA S. RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTD BY THE HOME SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT.
THIRUVANANTHAPURAM, KERALA, PIN - 695001
2 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI,
MAHARASHTRA, PIN - 400029
3 HDFC BANK LIMITED
MAJESTIC CENTRE, CALICUT,
REPRESENTED BY ITS BRANCH MANAGER,
PIN - 673004
4 ASSISTANT COMMISSIONER OF POLICE CYBER CELL
OFFICE OF THE CRIME BRANCH,
OLD POLICE STATION KOTWALI BUILDING,
NEAR D.M OFFICE, DARIYAGANJ, NEW DELHI
EMAIL:[email protected]
&[email protected],
PIN - 110002
WP(C) NO. 9459 OF 2024
2
5 STATION HOUSE OFFICER,
SOUTHEAST CEN
CRIME POLICE STATION,
3RD CROSS ROAD, KHB COLONY,
YELAHANKA, BENGALURU, KARNATAKA
E-MAIL: [email protected],
PIN - 560064
6 POLICE INSPECTOR
ERODE TOWN POLICE STATION,
ERODE MAIN ROAD,
MARAPALAM, ERODE,
TAMIL NADU, PIN - 638001
SMT. VIDYA KURIAKOSE. GOVT. PLEADER
SRI. M. PREMCHAND, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9459 OF 2024
3
T.R. RAVI, J.
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W.P.(C). No.9459 of 2024
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Dated this the 27th day of May, 2024
JUDGMENT
The petitioner is the holder of accounts with the 3 rd respondent
Bank and their account has been frozen on intimation by Police
Authorities. The Court had at the time of admission, issued interim
directions to restrict the freezing of the account to the amount which
had been subject matter of the dispute as per the intimation received
from the Police authorities. However, it is seen that the notice to the
Bank does not mention the disputed amount, and seeks a complete
debit freeze of all the amounts in credit. In such circumstances,
following the decision in Dr.Sajeer v. Reserve Bank of India [ 2023
KHC OnLine 661], this writ petition is disposed of with the following
directions;
(a) The respondent Bank is directed to
immediately issue a request to the Investigation
Authority/Police Authority and seek the amount
which is required to be kept in freeze or held in
lien in the account of the petitioner. This shall be
done by the Bank within a period of one month
from the date of receipt of a copy of this
judgment.
WP(C) NO. 9459 OF 2024
(b) In the event that the Investigating
Officer/Police Authority responds to the afore
requisition and mentions a particular amount, as
being the sum that is required to be kept frozen
or held in lien, then the respondent Bank will
confine the freeze/lien to such an extent and
allow the petitioner/account holder to deal with
his account and transact therein beyond that
limit.
(c) On the contrary, if no information is
received from the Police Authority/Investigating
officer within a period of two months from the
date on which the afore requisition was made by
the respondent Bank, then they will allow the
petitioner/account holder to transact fully in his
account, notwithstanding the debit freeze
requisition, subject to any further information to
be received from the Police
Authority/Investigating Officer in future.
(d) As an alternative, if the response from the
Police Authority/Investigating Officer is that the
entire account be frozen for any reason that is
mentioned therein, then the Bank will inform the
petitioner/account holder accordingly and
continue the freeze in such a manner for a
further period of eight months thereafter.
(e) If, after a period of eight months, the
WP(C) NO. 9459 OF 2024
requisition made by the Police Authorities - either
to a particular sum or the full amount in the
account of the account holder - is not withdrawn,
then the petitioner/account holder will be at full
liberty to approach this Court again; which
purpose, all contentions in this writ petition are
reserved to him to be impelled in future.
Sd/--
T.R. RAVI
JUDGE
Pn
WP(C) NO. 9459 OF 2024
APPENDIX OF WP(C) 9459/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE FORWARDED E-MAIL WITH
THE SUBJECT "NOTICE FROM CYBER CELL-NEW
DELHI" RECEIVED BY THE PETITIONER FROM THE
3RD RESPONDENT DATED 24.01.2024
Exhibit P2 THE TRUE COPY OF THE E-MAIL WITH THE
SUBJECT NAMED "CASE DETAILS-1" RECEIVED BY
THE PETITIONER FROM THE 3RD RESPONDENT
DATED 25.01.2024
Exhibit P3 THE TRUE COPY OF THE E-MAIL WITH THE
SUBJECT NAMED "CASE DETAILS-2" RECEIVED BY
THE PETITIONER FROM THE 3RD RESPONDENT
DATED 25.01.2024
