Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 8605 OF 2024 PETITIONERS:
1 COCHIN BAKERS AND SPICES WARD NO. XLVI, BUILDING NO. 1295, PULLAN CHAMBERS, NEAR ANDAMUKKAM PRIVATE BUS STAND, ANDAMUKKAM, KOLLAM - 691001, A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER, SHIBY, AGED 50, D/O. PAULOSE, PULLANS VILLA, 2ND MILESTONE, PRATHEEKSHANGU, 215A, KOLLAM, PIN - 691004 2 KANNAN P AGED 57 YEARS, S/O.SN PERUMAL, PERINGALA POST, KAYAMKULAM, KARTHIKAPALLY, ALAPPUUZHA - 690516, PROPRIETOR, SUNITHA TRADERS, KAKKANAD ROAD, KAYAMKULAM, ALAPPUZHA, PIN - 690559 BY ADVS.
K.M.FIROZ M.SHAJNA RESPONDENTS:
1 STATE BANK OF INDIA BEACH ROAD BRANCH, KOLLAM, KOLLAM DISTRICT, PIN – 691001 REPRESENTED BY ITS AUTHORIZED OFFICER 2 STATE BANK OF INDIA KAYAMKULAM BRANCH, KAYAMKULAM POST, ALAPPUZHA DISTRICT, PIN - 690106 3 POLICE INSPECTOR, NORTH EAST CEN CRIME POLICE STATION, BANGLORE CITY, KARNATAKA - 560051, EMAIL ID: CENPSNORTHEASTBCP@KSP.GOV.IN BY ADVS.
SRI.C.AJITH KUMAR SRI.JITHESH MENON-SC-R1 & R2
W.P.(C).No. 8605 of 2024 : 2 :
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 8605 of 2024 : 3 :
JUDGMENT It is without doubt, and as is unequivocally admitted by the parties, that the issues involved in this case have already been answered by this Court in Dr.Sajeer v. Reserve Bank of India & Anr. [2024 (1) KLT 826] and connected matters.
In the afore circumstances, and since the learned counsel for the parties are ad idem as above, I allow this writ petition in terms of the afore judgment in the following manner:
a. The respondent Bank, is directed to confine the order of freeze against the account of the petitioners, only to the extent of the amount mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their account, and transact therein, beyond that limit.
b. The respondent – Police Authorities concerned are hereby directed to inform the Bank as to whether the freezing of the account of the petitioners in this Writ Petition will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment.
W.P.(C).No. 8605 of 2024 : 4 :
c. On the Bank receiving the afore information/ intimation from the Police Authorities, they will adhere to the same and complete necessary action – either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be.
d. If, however, no information or intimation is received by the Bank in terms of directions (b) above, petitioners will be at full liberty to approach this Court again; for which purpose, all their contentions in this Writ Petition are left open and reserved to them, to be impelled in future.
Sd/- DEVAN RAMACHANDRAN JUDGE anm
W.P.(C).No. 8605 of 2024 : 5 :
APPENDIX OF WP(C) 8605/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF GST REGISTRATION OF SECOND PETITIONER DATED 17.07.2018 Exhibit P2 TRUE COPY OF THE INVOICE DATED 09.12.2022 ISSUED BY SECOND PETITIONER TO DE CAKE WORLD (RED VELVET) Exhibit P3 TRUE COPY OF E-WAY BILL DATED 09.12.2022 GENERATED AT THE INSTANCE OF SECOND PETITIONER TO DE CAKE WORLD (RED VELVET) Exhibit P4 TRUE COPY OF THE ACCOUNT STATEMENT OF SECOND PETITIONER DATED 14.09.2023 FOR THE PERIOD FROM 20.12.2022 TO 22.12.2022 Exhibit P5 TRUE COPY OF THE INVOICE DATED 23.12.2022 ISSUED TO RED VELVET, KATTANAM BY FIRST PETITIONER Exhibit P6 TRUE COPY OF THE E-WAY BILL DATED 23.12.2023 GENERATED AT THE INSTANCE OF FIRST PETITIONER TO RED VELLVET, KATTANAM Exhibit P7 TRUE COPY OF THE ACCOUNT STATEMENT DATED 17.02.2023 OF RED VELVET, KATTANAM BETWEEN THE PERIOD FROM 23.12.2022 TO 30.12.2022 ISSUED FROM CANARA BANK, OCHIRA BRANCH Exhibit P8 TRUE COPY OF COMMUNICATION DATED 07.06.2023 ISSUED BY FIRST PETITIONER TO CHAIRMAN OF STATE BANK OF INDIA Exhibit P9 TRUE COPY OF THE NOTICE DATED NIL HAVING ACKNOWLEDGMENT
NUMBER
31601230000010 ISSUED BY POLICE INSPECTOR, NORTH EAST CEN CRIME POLICE STATION, BANGLORE CITY RESPONDENTS' EXHIBITS : NIL.