Kerala High Court
Salini Rathan vs Union Of India on 1 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:81367
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024/10TH KARTHIKA, 1946
WP(C) NO. 34751 OF 2024
PETITIONER:
SALINI RATHAN
AGED 42 YEARS, W/O RATHAN P.K,
26/587, PURATHEPPADIKKAL, PRIYADARSINI NAGAR,
THEVARA S.O, ERNAKULAM, PIN - 682013
BY ADVS.
MOHAN JACOB GEORGE
P.V.PARVATHY (P-41)
REENA THOMAS
NIGI GEORGE
ANANTHU V.LAL
SHERIN VARGHESE
RESPONDENTS:
1 UNION OF INDIA,
MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
NEW DELHI-110 001.
REPRESENTED BY HOME SECRETARY,
PIN - 110001
2 INDIAN CYBER CRIME COORDINATION,
5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD,
NEW DELHI-110 001,
REPRESENTED BY ITS CEO,
PIN - 110001
3 KARNATAKA BANGALORE CITY BYADARAHALLI P.S
MAGADI MAIN RD, ANJANA NAGAR, SUNKADAKATTE, BENGALURU
EMAIL ID:[email protected], PIN - 560091
WP(C) NO. 34751 OF 2024
2
2024:KER:81367
4 STATE BANK OF INDIA, PERUMANOOR BRANCH
MAHATMA GANDHI RD, NEAR SHIPYARD, RAVIPURAM,
PERUMANOOR, ERNAKULAM,
REPRESENTED BY ITS BRANCH MANAGER,
PIN - 682015
5 BANK OF INDIA, WILLINGTO ISLAND BRANCH
EX-PILMAN BUILDING, BRISTOW RD, WILLINGTON ISLAND,
KOCHI, REPRESENTED BY ITS MANAGER, PIN - 682003
6 MR. ANAND MERCHANT ACKARE,
S/O. K. MADHAVA MARAR, SINDOORAM, NEAR HANVEEV,
CHIRAKKAL P.O, KANNUR, PIN - 670011
DSGI IN CHARGE T.C. KRISHNA.
SRI. JITHESH MENON SC FOR SBI.
SRI. P.S APPU, GP.
SRI. SUNIL SHANKER SC FOR SIB.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34751 OF 2024
3
2024:KER:81367
JUDGMENT
Dated this the 1st day of November, 2024
The petitioner is aggrieved by the lien of
Rs.38,486/- marked in her account maintained with the
4th respondent bank.
2. Learned Counsel for the petitioner submits
that, on 09.08.2024, as requested by her Manager, the
6th respondent, petitioner had transferred Rs.50,000/- to
the 6th respondent's account. Subsequently, the 6 th
respondent returned the money along with an amount of
Rs. 5100/- borrowed earlier, by remitting the amount in
the petitioner's account on 16.08.2024. Thereafter, the
petitioner transferred Rs.1,000/- from her account with
the 4th respondent to another account maintained with
the 5th respondent. To the petitioner's surprise, she later
came to know about the lien for Rs. 38,486/- imposed
over her account with the 4 th respondent bank and for
Rs.1000/-, in the account with the 5th respondent bank.
WP(C) NO. 34751 OF 2024
2024:KER:81367
It is submitted that the only reason for marking the lien
is transfer of Rs.55,100/- to the petitioner's account by
the 6th respondent. On enquiry the 6th respondent
informed that, pursuant to an online share trading his
bank account was lien marked for an amount of nearly
Rs. 50,000/- and when the lien was ordered the balance
in his account was only Rs.11,000/-. Therefore, lien for
the balance amount of Rs.38,486/- due from the 6 th
respondent, was marked in the petitioner's accounts. It
is submitted that the 6th respondent subsequently
replenished his account by depositing the amount
required for covering the amount mentioned in the
complaint. As such, there is no justification in continuing
the lien over the petitioner's accounts.
3. Learned Counsel for the 6th respondent also
submitted that the amount, regarding which complaint is
pending, is now available in the 6th respondent's account
and debit freeze for the entire amount has been imposed
on his account.
WP(C) NO. 34751 OF 2024
2024:KER:81367
4. The facts being as above, I find substantial
merit in the contention of the learned Counsel for the
petitioner that the lien marking imposed on the accounts
of the petitioner need not be continued.
In the result, the writ petition is allowed and
respondents 4 and 5 are directed to remove the lien
marked over the petitioner's accounts and permit her to
operate the accounts.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 34751 OF 2024
2024:KER:81367
APPENDIX OF WP(C) 34751/2024
PETITIONER EXHIBITS
EXHIBIT P-1 COPY OF THE ACCOUNT STATEMENT EVIDENCING THE
TRANSACTIONS WITH RESPECT TO ACCOUNT
MAINTAINED WITH 4TH RESPONDENT
EXHIBIT P-2 COPY OF THE EMAIL COMMUNICATION DATED
19.08.2024
EXHIBIT P-3 COPY OF THE ACKNOWLEDGMENT NO.31609240069099
OF THE COMPLAINT FILED BEFORE THE 3RD
RESPONDENT
EXHIBIT P-4 COPY OF THE ACCOUNT STATEMENT WITH RESPECT
TO ACCOUNT A/C NO.851110110000186 MAINTAINED
WITH 5TH RESPONDENT EVIDENCING THE
TRANSACTIONS
