Cochin Bakers And Spices vs. State Bank Of INDIA

WP(C)/8605/2024HC KeralaGSTCNR KLHC01088089202414 March 2024Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN5 pages
For Petitioner: K.M.FIROZ, M.SHAJNAFor Respondent: SRI.C.AJITH KUMAR, SRI.JITHESH MENON-SC-R1 & R2, W.P.(C).No. 8605 of 2024, : 2
AI SummaryAllowed

Held

The Court allowed the petition, directing the respondent banks to confine the freeze only to the amount specified in the police requisition. It further directed the police authorities to inform the bank within eight months whether the freeze needs to continue and for what duration, failing which the petitioners could approach the Court again.

Facts

The petitioners, a partnership firm and a proprietor, had their bank accounts frozen by the State Bank of India based on requisitions from the Police Authorities. They sought relief against the indefinite freezing of their operational accounts, which impacted their business activities.

Key Issues

The key legal issue was the legality and extent of freezing bank accounts by banks based on requisitions from police authorities, and the duration for which such freezes could be maintained without further justification.

AI-generated summary — verify with the full judgment below

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 COM

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