Judgment
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 2 JUDGMENT The facts involved in this case are covered by the judgment of this Court in Dr.Sajeer v. Reserve Bank of India (2024 (1) KLT 826).
Since the learned counsel for the parties are ad idem on this, I allow this writ petition in terms of the said judgment.
Consequently, I order this writ petition with the following directions:
(a) The respondent Bank arrayed in this case, is directed to confine the order of freeze against the accounts of the petitioner, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioner 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 freezing of accounts of the petitioner 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.
(c) On the Bank receiving the afore information/intimation from the Police Authorities, they will adhere to the same and complete
WP(C) NO. 5871 OF 2024 3 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, the petitioner 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 impel in future.
(e) I, however, clarify that this judgment will apply to every requisition received by the Bank from any Police Authority, whether it be single or multiple, and the fees will be confined to all such amounts.
Sd/- DEVAN RAMACHANDRAN JUDGE MC/4.3
WP(C) NO. 5871 OF 2024 4 APPENDIX OF WP(C) 5871/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER HAVING GST REGISTRATION NO. 32CPIPA8663N1ZJ Exhibit P2 A TRUE COPY OF THE 1ST PAGE OF THE BANK STATEMENT OF THE CURRENT ACCOUNT OF THE PETITIONER MAINTAINED AT SOUTH INDIAN BANK - MUVATTUPUZHA BRANCH, HAVING ACCOUNT NO.
0342073000000380 Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 10.02.2024 PREFERRED BY THE PETITIONER BEFORE THE RESPONDENTS NO. 2 AND 3 Exhibit P4 A TRUE COPY OF THE E-MAIL COMMUNICATIONS ISSUED BY THE 3RD RESPONDENT TO 2ND RESPONDENT