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S/L 9

24.12.2025

Court. No. 25

sourav

WPA 29593 of 2025

Arshad Autobahn India Pvt. Ltd. & Anr.

Vs.

Reserve Bank of India & Ors.

Mr. Sambuddha Dutta

Mr. Puranjan Pal

Mr. Kazi Ashique Azfar

… for the petitioners.

Ms. Rama Halder

Mr. Samir Kumar Ghosh

… for the State.

1. The affidavit-of-service filed by the petitioners is taken on

record.

2. The petitioners have filed the present writ application

praying for a direction upon the respondent nos. 9 and 10 to

defreeze the account of the petitioners and to allow the

petitioners to operate the bank accounts.

3. The petitioners submit that the petitioners are having

altogether five current accounts being nos.

50200083652467, 5020064531772, 5020083933334,

50200074970282 and 5200095379412. The counsel for the

petitioners submits that on 09.09.2025, the bank has put on

hold with respect to the account no. 50200074970282 for

an amount of Rs. 2,157/-, on 13.09.2025, account no.

50200074970282 for an amount of Rs. 1,058/-, on

14.11.2025, account no. 50200083652467 for an amount of

Rs. 2,209/-, on 30.11.2025, account no. 50200074970282

for an amount of Rs. 2,715/- and again the bank has put on

hold the account no. 50200083652467.

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4. Learned counsel for the petitioners submits that

subsequently the bank is not allowing the petitioners to

operate the said bank accounts. He submits that all the bank

accounts of the petitioners are the current account due to

which the petitioners are facing difficulty to run their

business. He further submits that the petitioners have made

several representations to the bank but till date the bank has

not defreezed the accounts of the petitioners nor the bank is

allowing the petitioners to operate the bank accounts.

5. The petitioners have served the notice upon all the

respondents but in spite of service of notice, none appears

on behalf of the bank.

6. The state has filed a report and submits that the transaction

made with the petitioners’ bank by the other banks which

are situated outside the jurisdiction of this Court and as

such, this Court is not having the jurisdiction to entertain

the writ application.

7. Learned counsel for the petitioners submits that the total

disputed amount on the basis of which the bank has held the

account of the petitioners and not allowing the petitioners to

operate the bank account is only Rs. 8,139/- due to which

the petitioners are not in a position to operate the bank

accounts for the further amount which belong to the

petitioners’ business.

8. This Court is specifically enquired from the State respondent

whether the investigating agency has obtained any order

from the concerned Court for freezing the accounts of the

petitioners, the learned counsel appearing for the State

submits that the bank accounts have been freezed on the

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instruction of the other police station which is not within the

jurisdiction of the State of West Bengal and as such, she is

not in a position to give any reply to the same.

9. In spite of service of notice, none appears on behalf of the

bank. No documents have been placed before this Court on

what circumstances the accounts of the petitioners were

kept on hold and subsequently, it has been freezed by not

allowing the petitioner to operate the bank accounts.

10. In the case of Kartik Yogeshwar Chatur Vs. Union of

India & Ors. reported in 2025 SCC Online Bom 4778,

the Division Bench of the Hon’ble Bombay High Court

relying upon a judgment passed by the Kerala High Court

has held that

“9. Taking cognizance of these provisions, the

Kerala High Court held thus:

12. Going by Section 107 of BNSS, a police officer

investigating a crime has to approach the

jurisdictional Magistrate seeking attachment of

any property believed to be derived directly or

indirectly from criminal activity or the commission

of an offence. The Magistrate may thereupon order

attachment after hearing all parties concerned or

issue an interim order for attachment, if issuing

notice to the owner will defeat the purpose of

attachment and seizure. After confirming that the

attached property