Kerala High Court
Eyas Ma vs Idfc First Bank, Mg Road (Rep Through ... on 28 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 12016 OF 2024
PETITIONER:
EYAS MA
AGED 31 YEARS
10 1542 THAMARAPARAMBU
FORT KOCHI ERNAKULAM, PIN - 682005
BY ADVS.
AISHWARYA SHIVAKUMAR
MARIYAMMA A.K.
RESPONDENTS:
1 IDFC FIRST BANK, MG ROAD
(REP THROUGH BRANCH MANAGER)
NO 1335/1, GROUND FLR, TELSTAR BUILDING,
MAHATMA GANDHI RD, RAVIPURAM,
ERNAKULAM, PIN - 682016
2 STATE CYBER CELL, CID CRIME GUJARAT
(REPRESENTED BY ITS AUTHORISED OFFICER)
7TH FLOOR, BLOCK-2, KARMYOGI BHAVAN SECTOR 10A
GANDHINAGAR GUJARAT, PIN - 382010
3 STATION HOUSE OFFICER,
CYBER CRIME POLICE STATION JAMMU ZONE
GANDHI NAGAR, JAMMU JAMMU AND KASHMIR,
PIN - 180004
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12016 OF 2024
2
T.R. RAVI, J.
--------------------------------------------
W.P.(C). No.12016 of 2024
--------------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
The petitioner is the holder of accounts with the 1 st respondent
Bank and his 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. 12016 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. 12016 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. 12016 OF 2024
APPENDIX OF WP(C) 12016/2024
PETITIONER'S EXHIBITS
Exhibit P1 BANK ACCOUNT STATEMENT OF THE PETITIONER
Exhibit P2 TRUE COPY OF COMMUNICATION MARKING LIEN
ISSUED BY THE STATE CYBER CRIME CELL
GANDHINAGAR, GUJARAT
Exhibit P3 THE TRUE COPY OF THE COMMUNICATION MARKING
LIEN ISSUED BY THE CYBER POLICE STATION,
JAMMU ZONE, GANDHI NAGAR, JAMMU AND KASHMIR
ISSUED ON 8/09/2023
