Kerala High Court
M/S Providence Technology Pvt. Ltd vs The Union Of India on 13 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:21347
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
WP(C) NO. 44252 OF 2024
PETITIONER:
M/S PROVIDENCE TECHNOLOGY PVT. LTD
A COMPANY INCORPORATED UNDER COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT 2ND FLOOR,
PUTHENVEETTIL BUILDING, DIV. 65/2536, OPP. ST.
ANTHONY'S CHURCH, KALOOR, ERNAKULAM. THROUGH ITS
AUTHORIZED REPRESENTATIVE, SHRI PURAN MAL DHOLI,
DIRECTOR, AGED 24 YEARS., PIN - 682017
BY ADVS.
VISHNU BHUVANENDRAN
B.ANUSREE
VARUN JACOB
ARYA B.
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME
AFFAIRS, NEW DELHI., PIN - 110001
2 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI,
MAHARASHTRA., PIN - 400029
3 ASSISTANT COMMISSIONER OF POLICE
ECONOMIC OFFENCES WING PS MANDIR MARG COMPLEX, NEW
DELHI., PIN - 110001
4 FEDERAL BANK LIMITED
THROUGH ITS ASSISTANT VICE-PRESIDENT AND BRANCH HEAD,
BRANCH ERNAKULAM/KALOOR, SYDA BUILDINGS, OPP. IGNOU,
KK ROAD, KALOOR, ERNAKULAM., PIN - 682017
WP(C) No.44252 of 2024 2
2025:KER:21347
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.44252 of 2024 3
2025:KER:21347
JUDGMENT
Dated this the 13th day of March, 2025
The writ petition is filed to direct the 4th respondent
bank to lift the lien and unfreeze the petitioner's bank
account bearing No.14210200017969.
2. The petitioner company is the holder of the
above bank account with the 4th respondent bank. By the
letter dated 24.11.2023, the 4th respondent informed the
petitioner that a lien for Rs.1,40,00,000/- has been marked
on the petitioner's bank account as per the instructions of
the Punjab National Bank, who inturn had received a
requisition from the Central Board of Excise and Customs.
The 4th respondent had also informed that, Rs.1.40/- Crore
was received by the petitioner from 'M/s. Elica
Enterprises', from their bank account with the ICICI Bank.
M/s. Elica Enterprises was one of the indirect recipients of
the unintended funds credited by the Punjab National
Bank. As far as the petitioner could gather, 'M/s. Elica
Enterprises' had received certain money from 'M/s. Ugam
Info Solutions', who inturn had received the money from
2025:KER:21347
'Sai Construction'. Subsequently, by Ext.P2 interim order,
this Court had directed the 4th respondent to lift the lien
marked on the petitioner's bank account. Notwithstanding
the order, the 4th respondent has again debit freezed the
petitioner's bank account for Rs.1.40/- Crore. It is
pertinent to note that, all the above mentioned
establishments namely; 'M/s. Elica Enterprises', 'M/s.
Ugam Info Solutions' and 'Sai Construction' have re-
transferred the disputed amounts to the Punjab National
Bank. Therefore, the continuation of the debit freezing of
the petitioner's bank account is illegal, arbitrary and
tantamount to infringement of the petitioner's fundamental
right under Article 19(1)(g) of the Constitution of India.
Hence, the writ petition.
3. Heard; the learned counsel appearing for the
petitioner, the learned DSGI, the learned Standing counsel
appearing for the 3rd respondent and the learned counsel
appearing for the 4th respondent.
4. On a perusal of the materials on record, it is
evident that, by Ext.P2 order, this Court had specifically
2025:KER:21347
directed the 4 th
respondent bank to lift the lien that was
marked on the petitioner's bank account because the three
entities had re-transferred the money to the Punjab
National Bank. However, subsequent to Ext.P2 order, the
4th respondent bank has again debit freezed the petitioner's
bank account for Rs.1.40/- Crore.
5. The learned DSGI submitted that, Crime
No.77/2023 has been registered by the 3rd respondent and
the charge sheet has already been filed before the
jurisdictional Court. However, there is no order passed by
the jurisdictional Court to debit freeze the petitioner's bank
account.
6. On a consideration of the facts and the materials
on record, particularly that there is no orders passed by
the jurisdictional Court to debit freeze the petitioner's bank
account and further, by Ext.P2 order, this Court has
directed that the lien marked on the petitioner's bank
account to be lifted, I am of the view that the 4 th
respondent is to be directed to lift the debit freezing on the
petitioner's bank account and not to debit any amount from
2025:KER:21347
the petitioner's bank account, except in accordance with
the law.
In the above circumstances, I allow the writ petition
by directing the 4th respondent to lift the freezing of the
petitioner's bank account and not to debit any amount from
the petitioner's bank account, except in accordance with
the law.
Sd/- C.S.DIAS, JUDGE
AJ
2025:KER:21347
APPENDIX OF WP(C) 44252/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 24.11.2023 ISSUED
BY RESPONDENT NO. 4 TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE ORDER DATED 03.09.2024 IN WP(C)
NO. 893/2024.
Exhibit P3 TRUE COPY OF THE STATEMENT DATED 03.08.2024 OF
RESPONDENT NO. 3 FILED IN WP(C) NO. 893/2024.
Exhibit P4 TRUE COPY OF THE FIR NO. 77/2023 DATED
14.10.2023 OF THE ECONOMIC OFFENCES WING.
Exhibit P5 TRUE COPY OF THE BANK ACCOUNT STATEMENT OF
PETITIONER FOR THE PERIOD 01.10.2023 TO
22.11.2023.
