Vishal Kumar Arya vs. Icici Bank Limited And Ors.
Facts
The petitioner, Vishal Kumar Arya, sought a direction from the High Court to Karur Vysya Bank Limited (respondent No. 2) to remit Rs. 16 lakhs from the current account of the 4th respondent, Ganpati Traders. The petitioner claimed that on 28.09.2022, he intended to transfer Rs. 16 lakhs to M/s. Geeta Creation but inadvertently selected the bank account of Ganpati Traders. The account statement confirmed a Rs. 16 lakh credit to Ganpati Traders and a simultaneous Rs. 16 lakh transfer from the petitioner to M/s. Geeta Creation. The GST Authorities had frozen the account of Ganpati Traders, to which the Rs. 16 lakhs had been transferred. The petitioner's prayer was directed against the bank for remittance of the funds.
Held
The Court held that since the bank account of Ganpati Traders, to which the sum of Rs. 16 lakhs was transferred from the petitioner's account, had been frozen by the GST Authorities, and this action of the GST Authorities could not be challenged in the present writ petition, no direction could be passed upon the 2nd respondent Bank to remit the amount. The Court reasoned that the freezing of the account by a statutory authority was a valid action that prevented the bank from complying with the petitioner's request. Therefore, no relief could be granted to the petitioner in this writ petition. The petitioner was left free to pursue other remedies in accordance with law.
Key Issues
1. Whether the Court can direct the respondent No. 2 Bank to remit Rs. 16 lakhs to the petitioner from the account of the 4th respondent, given that the GST Authorities have frozen the 4th respondent's account? (Question of law) Petitioner's argument: The petitioner argued that the transfer of Rs. 16 lakhs to Ganpati Traders was an inadvertent error, and the intended recipient was M/s. Geeta Creation. He sought the remittance of the funds from the bank. Revenue/State's argument: The GST Authority contended that they had frozen the account of Ganpati Traders, and this action could not be challenged in the present writ petition. They did not dispute the facts of the transfer but highlighted the freezing of the account by their authority. ICICI Bank's argument: The ICICI Bank, represented by Ms. Soni Ojha and Ms. Sonia Mandy, appeared but no specific arguments are recorded in the judgment.
AI-generated summary — verify with the full judgment below
2023 Ct. 7 D/L 12 ab/sb WPA 9663 of 2023 Vishal Kumar Arya -Vs- ICICI Bank Limited & Ors. Mr. Akash Munshi Mr. Ghanshyam Jha ……for the petitioner Ms. Soni Ojha Ms. Sonia Mandy ….for the ICICI Bank Mr. Rajyashree Kundalia Mr. Abhadip Maity …..for the GST Authority The petitioner has prayed for a direction upon Karur Vysya Bank Limited being the respondent No. 2 herein to remit a sum of Rs. 16 lakhs to the petitioner from the current account being No. 104905500672 standing in the name of the 4th respondent. The learned advocate for the petitioner draws the attention of the Court to the accounts statement which is annexed at page 23 of the writ petition to impress upon this Court that the petitioner did not intend to transfer the sum of Rs. 16 lakhs in favour of Ganpati Traders on 28.09.2022 but the petitioner intended that the said sum would be credited to the account standing in the name of M/s. Geeta Creation. Heard the learned advocate for the petitioner, the respondent No. 2 Bank as well as the GST Authority.
2 None appears on behalf of the respondent No. 4 in spite of service. It appears from the account statement at page 23 of the w
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