Citation : 2026 Latest Caselaw 4833 Raj
Judgement Date : 28 March, 2026
[2026:RJ-JD:14586]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6689/2026
Rakesh S/o Sona Ram, Aged About 30 Years, R/o Sansi Colony,
Ratanada, Jodhpur.
----Petitioner
Versus
Branch Manager, Icici Bank Ltd., Branch Plot No. 10, 11, Refugee
Colony, Sindhi Colony, Near Jaljojg Circle, Jodhpur.
----Respondent
For Petitioner(s) : Ms. Shashi Vaishnav
Mr. Gaurang Deora for
Mr. Neel Kamal Bohra
For Respondent(s) : Mr. Shashank R Joshi
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
28/03/2026
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
"Hence it is prayed on behalf of the petitioner that a writ, order or direction may be issued to the Non-petitioner that only the disputed amount may be freeze and the rest of the amount deposited by the petitioner in his account No. 016701605198 ICICI Bank Ltd., Branch Jaljog Circle, Jodhpur may be defreeze, such type of the order, writ, direction may be issued in favour of the petitioner and the Non-petitioner may be directed that petitioner may be allow to withdraw the rest of the amount from his bank and in alternatively any appropriate relief which this Hon'ble Court think just and proper in the facts and circumstances of this case may be passed in favour of the petitioner."
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
(Uploaded on 28/03/2026 at 04:48:01 PM)
[2026:RJ-JD:14586] (2 of 2) [CW-6689/2026]
account of the petitioner) frozen and allow the petitioner to make
transactions from his 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 94-sonia/-
(Uploaded on 28/03/2026 at 04:48:01 PM)
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