Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WP(C) NO. 44343 OF 2023 PETITIONER:
DEENAR ENTERPRISES KMC, 1 THALANGARA, XVII/132C/ THALANGARA P.O, KASARGOD, PIN – 671121 REPRESENTED BY ITS SOLE PROPRIETOR, USMAN M, BY ADVS.
M.I.ANWAR SADATH SUJITH MOHAN MOHAMMED SHAFI.K SHAHIM BIN AZIZ RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110000 2 RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASHTRA, PIN - 400029 3 ADDITIONAL DIRECTOR GENERAL OF POLICE CYBER OPERATIONS, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695010 4 AXIS BANK REPRESENTED BY ITS BRANCH MANAGER, KASARGOD, ARAMANA ARCADE, BANK ROAD, KASARGOD, PIN - 671122 (IFSC CODE:UTIB0000601) BY ADVS.
SRI.S.MANU, DSGI, SRI.P.PAULOCHAN ANTONY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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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 WPC No.12960 of 2023 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 petitioner, 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 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 the freezing of the account 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.
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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, 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 be impelled in future.
Sd/- DEVAN RAMACHANDRAN JUDGE anm
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APPENDIX OF WP(C) 44343/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE STATEMENT OF BANK ACCOUNT NO.922020010836564 DATED 17.12.2023 Exhibit P2 THE TRUE COPY OF THE LETTER DATED 27.11.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY INDUSLND BANK DATED 26.07.2021 Exhibit P4 THE TRUE COPY OF THE UDHYAM REGISTRATION CERTIFICATE ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES GOVERNMENT OF INDIA DATED 05.08.2021 Exhibit P5 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER DATED 30.11.2022 RESPONDENTS' EXHIBITS : NIL.