Back
T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Cardiological Society of India – Appellant
Versus
Sunip Banerjee being the Secretary of Cardiological Society of India, West Bengal Branch – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This intra Court appeal is at the instance of the Cardiological Society of India (for short “CSI”) and its Secretary and is directed against an order dated 10.05.2024 passed by a learned Single Judge in WPA 11057 of 2024.
2. By the order impugned, the writ petition was allowed on contest and the respondent bank was directed to immediately defreeze the accounts in question and the writ petitioners/first respondent herein was permitted to operate the accounts fully.
3. The facts giving rise to this appeal in a nut shell are as follows.
The petitioner claims to be the Secretary of Cardiological Society of India – West Bengal Branch (for short “West Bengal Branch”). One general member filed a suit for declaration and injunction against the West Bengal Branch before the learned Civil Judge (Senior Division), Sealdah being Title Suit no. 120 of 2023. In connection with the said suit an application for temporary injunction was filed and an order dated 13.04.2023, which was subsequently modified on 18.04.2023, was passed thereby restraining the West Bengal Branch from holding Special General Body Meeting on 22.04.2023. The said orders dated 13.04.2023 an
A bank cannot freeze a company's account without a valid order from an adjudicatory forum, even amid management disputes.
The Investigating Officer lacks authority under Section 91 of Cr.P.C. to freeze a bank account absent compliance with Section 102, violating procedural requirements and the petitioner's rights.
The court emphasized that the freezing of bank accounts requires a clear determination of ownership and authority, which was not established in the pending civil suit.
The court held that an appeal against an interim order of suspension is not maintainable under the provisions of the relevant Act.
The freezing of a business account requires identification of the tainted amount to ensure proportionality, and blanket freezes violate constitutional protections against arbitrary state action.
Suspension - Powers of Registrar - If Registrar, on completion of inquiry finds that there is major defect in the constitution or working or financial condition of society, he may initiate action in ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
