M/S. M.M Fruits And Vegetables vs. Union Of INDIA
Held
The Court, relying on Dr.Sajeer v. Reserve Bank of India, directed the bank to confine the freeze order only to the specific amount mentioned in the police requisition, allowing the petitioner to transact beyond that limit. Police authorities were directed to clarify the continuation of the freeze within eight months.
Facts
A GST-registered entity's bank account was frozen by police authorities based on a requisition. The petitioner sought to unfreeze the account, arguing that the freeze should be limited to the amount specified in the requisition.
Key Issues
The key issue was the extent to which a bank account could be frozen by police requisition and whether the freeze should be limited to the specific disputed amount, allowing the account holder to operate the remaining funds.
Sections Cited
None
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 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 WP(C) NO. 5871 OF 2024 PETITIONER: M/S. M.M FRUITS AND VEGETABLES IV/128 B2, MARKET P.O., MUVATTUPUZHA, KERALA, PIN - 686 673, REPRESENTED BY ITS PROPRIETOR MUHAMMED MAHIN T.A., AGED 31 YEARS, S/O AHAMMED T.A., THOTTIKUDIYIL HOUSE, CHEUVATTOOR, CHERUVATTOOR, KOTHAMANGALAM, ERAMALLOOR (PART), ERNAKULAM, KERALA, PIN - 686 691, PIN – 686673. BY ADVS. HAMZATH ALI V.K. MOHAMMED RAEES SAIDALAVI K.K. AYISHA AFRIN A.V.K. RESPONDENTS: 1 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS HOME SECRETARY, PIN - 110001 2 THE MANAGER SOUTH INDIAN BANK - MUVATTUPUZHA TOWN BRANCH, MADEPARAMBIL CHAMBERS, T.B. JN. MC ROAD, ERNAKULAM, KERALA BR0342@SIB.CO.IN, PIN - 686661 3 THE INSPECTOR OF POLICE HADAPSAR POLICE STATION, SOLAPUR ROAD, GADITAL, HADAPSAR, PUNE, MAHARASHTRA E-MAIL : PSHADAPSAR.PUNE@NIC.IN, PIN - 411028 SRI.S.MANU – DSGI SRI.SUNIL SHANKAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5871 OF 2024
The judgment continues below.
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