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2024 Supreme(Online)(GAU) 14276
GAHC010244342024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6137/2024 M/S MANGALAM TRADERS A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, DILIP KUMAR JOSHI, SON OF LATE SHRI NIWAS JOSHI, CARRIES ON BUSINESS AT KHARUPETIA, P.O. AND P.S. KHARUPETIA-784115, DIST. DARRANG, ASSAM VERSUS THE PUNJAB NATIONAL BANK AND 3 ORS PLOT NO. 4 SECTOR 10, NEAR WELCOME HOTEL, DWARKA, NEW DELHI-
110075.
2:THE CIRCLE HEAD PUNJAB NATIONAL BANK NAGAON CIRCLE SITUATED AT HALADHAR BHUYAN MARKET NOTUN BAZAR NEAR NAGAON PRESS CLUB NAGAON- 782003 DIST. NAGAON ASSAM
3:THE BRANCH MANAGER PUNJAB NATIONAL BANK LALPOOL BRANCH SITUATED AT KHARUPETIA IN THE DISTRICT OF DARRANG ASSAM
4:UNION OF INDIA REPRESENTED BY MINISTRY OF HOME GOVT. OF INDIA NEW DELHI Advocate for the Petitioner : MR A K MAHESWARI, MR A K MAHESWARI Advocate for the Respondent : SC, PNB, MR. B K SEN,MR. P K SEN BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
17.12.2024 Heard Mr. A.K. Maheswari, learned counsel for the petitioner. Also heard Mr. B.K. Sen, learned Standing Counsel, Punjab National Bank for the respondent nos.1, 2 & 3 and Mr. S.K.Medhi, learned CGC for the respondent no.4.
Pursuant to the earlier orders of this Court, the learned Standing Counsel, Punjab National Bank has produced before the Court, the Standard Operating Procedure to be followed by the Bank for freezing of accounts on complaints received from National Cyber Crime Reporting (NCCR) Portal. Learned Standing Counsel for the respondent Bank submits that the case of the petitioner falls under the category 1(a) where accounts are to be freezed on 3 (three) or more complaints received from NCCR portal. In so far as the writ petitioner is concerned, there are 3 complaints against the writ petitioner.
Per contra, Mr. A.K. Maheswari, learned counsel for the petitioner submits that the disputed amount is to the tune of Rs.39,000/-(Rupees Thirty Nine Thousand only), and therefore, keeping aside the disputed amount, the petitioner may be permitted to operate his Current Bank Account No.1126050012193.
Let notice be issued, returnable in 3 (three) weeks.
Since all the respondents are represented by their respective counsel, notices are waived. However extra copies be served to them within 1 (one) week from today, if not already served. Let the respondent complete their instructions and file necessary affidavit, if so advised in the meantime.
Till the next returnable date, the petitioner is permitted to operate his Current Bank Account No.1126050012193 subject to the condition that the Bank authorities will ensure that the amount of Rs.39,000/-(Rupees Thirty Nine Thousand only) is not permitted to withdrawn or transferred by the petitioner. All steps necessary to be taken to ensure that the balance of Rs.39,000/- (Rupees Thirty Nine Thousand only) is continued to be maintained in the current account of the petitioner until further orders shall be taken by the respondent Bank.
Let the matter be listed on 10.01.2025.
JUDGE Comparing Assistant Order downloaded on 03-02-2025 09:07:10 PM
