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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Sanjay Kumar Medhi
Nepali Cutting Meat Shop – Appellant
Versus
Bank Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petitioner operates a micro enterprise with a frozen bank account. (Para 3) |
| 2. petitioner argues against the freezing of the bank account. (Para 4) |
| 3. legal precedent discusses rights in account freezing. (Para 5 , 6) |
| 4. respondent argues action was legal and based on complaints. (Para 8) |
| 5. court weighs interests of investigation and account holder. (Para 9 , 10 , 11) |
| 6. court grants relief with conditions to resume account operations. (Para 12 , 13) |
JUDGMENT :
Sanjay Kumar Medhi, J.
Heard Shri S Mitra, learned counsel for the petitioner. Also heard Shri KK Nandi, learned counsel appearing for the Bank of Maharashtra as well as Ms. R Devi, learned CGC.
2. Considering the facts and circumstances involved and also as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admission stage.
3. As per the facts projected, the petitioner is a micro enterprise and is engaged in selling of meat at its place of business at Maligaon, Guwahati. In connection with the said business, the petitioner maintains a current bank account, being Account No. 60509775940 with the respondent-Bank in its Maligaon Branch which is under operation
The freezing of bank accounts must balance the rights of account holders against investigatory needs, ensuring no arbitrary restrictions are imposed without due process.
The court established that freezing bank accounts without proper notice infringes fundamental rights and requires a balance between investigation interests and the rights of innocent account holders.
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