M/S Aikon Info Serve vs. Union Of INDIA
Held
The Court directed the bank to restrict the freezing of the account only to the specific amount mentioned in the intimation from the police authorities. It further directed the police authorities to inform the bank within eight months if the freeze needs to continue, failing which the petitioner is at liberty to approach the Court again.
Facts
The petitioner, a GST registrant, had their bank account frozen by the bank based on intimation received from police authorities. The petitioner sought to unfreeze the account, arguing that the entire account should not be frozen.
Key Issues
The key legal issue was the extent to which a bank account can be frozen based on police intimation, and the duration for which such a freeze can be maintained without further action from the investigating authorities.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946 WP(C) NO. 16274 OF 2024 PETITIONER: M/S AIKON INFO SERVE 12/590/V,W,X, MEACHEERI TOWER, OPPOSITE POST OFFICE, RS ROAD, THUVOOR MALAPPURAM REPRESENTED BY ITS PROPRIETOR SREEJITH P, PIN – 673 327 BY ADVS. EBIN MATHEW P.J.MATHEW AKHILA SHOJI JAEONA JAMES RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI -, PIN – 110 001 2 RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASHTRA -, PIN – 400 029 3 WEST REGION CYBER POLICE STATION CRIME BRANCH C.I.D., MUMBAI, 1ST FLOOR, BANDRAKURLA COMPLEX POLICE STATION, B.K.C., BANDRA (E), MUMBAI REPRESENTED BY ITS SENIOR INSPECTOR OF POLICE, PIN - 400051 4 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM -, PIN - 695014 5 SOUTH INDIAN BANK PANDIKKAD BRANCH, HIBA ASIA BUILDING, PANDIKKAD P.O., MALAPPURAM REPRESENTED BY ITS BRANCH MANAGER, PIN - 676521 BY ADVS. SUNIL SHANKAR A,SC DEVAYANI NAIR T.H.(K/1531/2019) VIDYA GANGADHARAN(K/000424/2020) SRI. V. GIRISH KUMAR. CGC. SRI. RAJEEV JYOTHISH GEORGE. GP. THIS
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