JUDGMENT :

(Manoj Kumar Garg, J.) :

Instant misc. petition has been filed by the petitioner with a very limited prayer that a direction may be issued to respondents No. 2 to 6 to transfer back the misappropriated amount, which was illegally transferred from the petitioner's back account to different back accounts.

2. Counsel for the petitioner submits that the petitioner is a businessman and is running a hotel. On 22.05.2021, the petitioner received a call from three different numbers for booking a hotel room as soon as the petitioner scanned the same, a total amount of Rs. 88,000A was transferred from his bank account to different bank accounts though the petitioner had neither instructed nor made any requisition for the same. The petitioner filed a complaint to the concerned Police Station. Later on, the petitioner came to know that the said amount of Rs. 88,000/- ‘was transferred in accounts at five different banks i.e. Kotak Mahindra, Bank of Baroda, Axis Bank, ICICI Bank and Canara Bank. On the request of Enquiry Officer, the Chief Manager of the concerned Banks freeze the bank accounts in which the misappropriated money was transferred.

3. Counsel for the petitioner submits that till date, no one has made a claim for the said amount, therefore, the respondents Bank may be directed to transfer back the misappropriated amount to his bank account. Counsel submits that the petitioner is ready to give an undertaking in this regard so also ready to cooperate with the investigation.

4. Notices were issued to the respondents. Mr. Dhanpat Choudhary, Adv. has put in appearance on behalf of respondent No. 2 i.e. Kotak Mahindra Bank and Mr. L.K. Purohit, Adv. has appeared on behalf of respondent No. 3 Bank of Baroda. On behalf of other respondents Bank, no one has appeared despite service.

5. Counsel for the respondents Bank submits that till date, no one has appeared to raise a claim in respect of the said amount and the Banks have no objection if the said amount is released in favour of the petitioner subject to the condition that in future, if anyone claims for the said amount, so released in favour of the petitioner, then the petitioner shall deposit the same.

6. Heard learned counsel for the parties.

7. In bank account at Kotak Mahindra Bank, a total sum of Rs. 40,000/- was transferred and in bank account at Bank of Baroda, a total sum of Rs. 25,000/- was transferred from the petitioner's account.

8. Admittedly, till date, no one has made a claim in respect of the aforesaid amount, transferred in the respective banks, therefore, this Court deems it appropriate to direct respondents No. 2 & 3 to transfer back the amount of Rs. 40,000/- & Rs. 25,000/- respectively in the petitioner's bank account, which was misappropriated from his account provided he executes a solvent surety of Rs. 1 lac to the satisfaction of concerned Bank and the petitioner shall also give an undertaking to the concerned Bank to the effect that if the amount so transferred back to his account, is claimed by anyone, then he will deposit the same immediately.

The misc. petition stands disposed of accordingly.