IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
UP Garments - Appellant
Versus
Joint Director, Director of Revenue Intelligence - Respondent
W.P.(C) 2351 of 2020
Decided On : 01-10-2021
| Table of Content |
|---|
| 1. details of the order and bank account freeze. (Para 1) |
| 2. petitioner's grievance resolved; intent to withdraw petition. (Para 2) |
| 3. writ petition withdrawn by the court. (Para 3) |
JUDGMENT
D.N. Patel, CJ. (ORAL)--Proceedings have been conducted through video conferencing.
1. Present petition has been filed by the Petitioner seeking setting aside of the order dated 26.09.2017, whereby Respondents No. 1 and 2 have directed Respondent No. 3/Axis Bank Limited, the Petitioner's Banker, to freeze his Bank Account. At the outset, it is fairly submitted by Mr. Satish Aggarwala, learned counsel appearing on behalf of Respondent No.1 that Respondent No. 3 vide letter dated 17.03.2021 has informed Respondent No. 1 that the Bank has revoked freeze from the concerned Account of the Petitioner. Copy of the communication dated 17.03.2021 has been annexed as Annexure `A' to the counter affidavit filed on behalf of Respondent No. 1.
2. In view of the aforesaid stand taken by Respondent No. 1 in the counter affidavit and the communication annexed thereto, learned counsel for the Petitioner submits that the grievance of the Petitioner stands satisfied and he has instructions to withdraw the writ petition.
3. The writ petition is accordingly disposed of as withdrawn.
A writ petition can be withdrawn if the underlying grievance is resolved satisfactorily by the involved parties.
The court's decision was influenced by the fact that the bank had informed that the freeze on the petitioner's account had been revoked.
The court upheld the right to account operation once the debit freeze requisition was withdrawn.
The legal principle established is that a bank cannot freeze an account without clear and explicit directives from the police that authorize such action.
The court finds that the petitioner's request to unfreeze the bank account is granted based on updated communication from law enforcement confirming the freeze's removal.
Court directs bank to unfreeze account upon petitioner’s request after cyber crime freeze lifted.
Court upheld the de-freezing of a bank account following confirmation of release by the relevant authority.
Bank must limit account freeze to specific requisitioned amounts, allowing operations beyond that.
A petitioner can seek a directive for unfreezing a bank account upon settling dispute amounts, affirmed by court's recognition of evidence provided.
The court finds no grounds for unfreezing a bank account due to unresolved suspicions of transactions, directing the bank to perform Enhanced Due Diligence.
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