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M. NAGAPRASANNA
Prasanna Kumar Dixit S/o Javarayapap Dixit Lakshmipataiah – Appellant
Versus
Reserve Bank Of India Wrmp 4Q9, Rep. By Authorised Signatory/ General Manager – Respondent
ORDER :
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the 2nd respondent/HDFC Bank Limited (hereinafter referred to as ‘the Bank’ for short) to de-freeze the account of the petitioner maintained with the Bank and has sought a further direction not to hold the amount for any other purposes.
2. Facts, in brief, germane are as follows:-
3. The petitioner had entered into a tripartite agreement on 1-08-2016 with the builder and the Bank, pursuant to which the loan was directly paid by the Bank to the 3rd respondent. On the ground that the loan had become sticky, as no repayment had happened, the Bank obtains an ex-parte decree in O.S.No.7994 of 2022 from the hands of the competent civil Court at Bangalore. In the meanwhile the petitioner retires from service of the company on attaining the age of superan
The main legal point established in the judgment is that the bank cannot place a lien or freeze the account containing gratuity and service benefits, as it is protected under the Payment of Gratuity ....
Where the relief sought in a writ petition is rendered satisfied by subsequent actions of the respondent during the pendency of the proceedings, the petition becomes infructuous and should be dispose....
Bank must defreeze account upon submission of partnership reconstitution documents removing objecting co-signatory.
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