Citation : 2026 Latest Caselaw 4089 Raj
Judgement Date : 17 March, 2026
[2026:RJ-JD:12642]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5834/2026
M/s Kanhaiya Traders, Official Address- Shop No 2, Aklway
Block, Mandore Mandi, Jodhpur 342001, Through Its Proprietor
Gaurav Khanchandani S/o Devanand Khanchandani, Age About
37 Years, R/o Fatehsagar, Mahawaton Ki Masjid, Jodhpur 342001
(Rajasthan)
----Petitioner
Versus
HDFC Bank, Branch-Bhadwasiya, 29-A Baba Ramdev Nagar,
Khasra No. 69-76, Near Krishi Upaj Mandi, Bhadwasiya, Jodhpur
342006 (Raj) Through Its Chief Manager/authorized Officer
----Respondent
For Petitioner(s) : Mr. Mayank Roy
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
17/03/2026
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
"It is, therefore, most humbly and respectfully prayed that the writ filed by the petitioner may kindly be allowed and by an appropriate writ, order or direction:-
i. The Hon'ble Court may kindly be pleased to declare as illegal, the action of the respondent-Bank in freezing the petitioner's Bank Account bearing No. 50200051855124 in HDFC Bank, Branch-Bhadwasiya, 29-A Baba Ramdev Nagar, Khasra No. 69-76, Near Krishi Upaj Mandi, Bhadwasiya, Jodhpur 342006 (Raj.) and entire any subsequent proceedings arising out of the same, and/or; II. The Hon'ble Court may kindly direct the respondent Bank to forthwith de-freeze the aforementioned bank account of the petitioner, and/or;
III. Any other appropriate Writ, order or direction, which the Hon'ble Court deems appropriate in the factual matrix of the instant case, may also kindly be passed in favour of the petitioner."
(Uploaded on 17/03/2026 at 04:29:08 PM)
[2026:RJ-JD:12642] (2 of 2) [CW-5834/2026]
2. Having considered the facts and circumstances of the case,
this Court deems it just and proper to dispose of this writ petition
with a direction to the respondent- Bank to keep the disputed
amount (the amount which was transferred illegally in the bank
account of the petitioner) frozen and allow the petitioner to make
transactions from its bank account from the remaining balance.
3. It is further made clear that in case, the respondent - Bank
has not received the information regarding the exact figure of the
disputed amount, which the Investigating Officer/Police alleges to
be receipt(s) of the offence, the bank shall send a communication
to the concerned Investigating Officer/Police, to indicate the
amount to be earmarked for lien, while endorsing a copy of the
instant order.
4. Upon receipt of such communication/letter, the concerned
Investigating Officer/Police shall be under an obligation to apprise
the respondent - Bank about the amount to be kept in lien, within
a period of seven days of receiving the communication from the
respondent - Bank. The respondent - bank shall thereafter do the
needful as directed herein above.
5. It is further made clear that in case, the respondent-Bank
does not receive any reply from the concerned Investigating
Officer/Police, then it shall be duty bound to act in accordance
with the instant order.
6. Stay petition as well as all pending application, if any, stand
disposed of.
(KULDEEP MATHUR),J 22-divya/-
(Uploaded on 17/03/2026 at 04:29:08 PM)
Powered by TCPDF (www.tcpdf.org)
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!