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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Datum Micro Credit, Gundichar Nagar, Ganjam – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Bishnu Prasad Pradhan, Adv.
For the Opp. Parties : Mr. Ambika Prasad Mishra, Adv. Mr. S.N. Das, ASC

Table of Content
1. challenge to bank account freezing (Para 1 , 2 , 3 , 4)
2. arguments against freezing authority (Para 5 , 6 , 7)
3. court analysis on authority under cr.p.c. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14)
4. order to allow withdrawal and operate account (Para 15 , 16)

JUDGMENT :

S.K. Panigrahi, J.

1. In this Writ Petition, the Petitioner challenges the action of Opposite Party-Bank in freezing petitioner's Bank Account bearing No-00000034307905193 based on a notice issued under Section 91 of Code of Criminal Procedure, 1973, by the IIC, Golanthara P.S, Berhampur. The Petitioner has further prayed for issuance of a direction to the Opposite Parties/Bank to allow him to withdraw the amount of Rs.12,71,324.95/- kept on hold in its Bank Account bearing No-00000034307905193 in State Bank of India, Konisi Branch.

I. FACTS OF THE CASE

2. Shorn of unnecessary details, the substratum of matter presented before this Court remain that Datum Micro Credit is a company incorporated under Section 25 of the Companies Act, 1956 and is a service provider (SP) for State Bank of India. Pursuant of agreement dated 29.09.2020 (Annexure-1), petitioner/company has been providing manpower services to

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