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2024 Supreme(Online)(KAR) 33884
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12991 OF 2024 (GM-RES)
BETWEEN:
DIASPAY FINTECH PRIVATE LIMITED NO.62/1 NEW NO.7, 1ST CROSS GANGANAGAR, BANGALROE KARNATAKA – 560 032, A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013 REPRESENTED BY ITS CEO/DIRECTOR RAJESH TUBATI, AGED ABOUT 35 YEARS, S/O KOTESWARAO, RAVINDRA TAGORE NAGAR MAIN ROAD, 2ND STAGE, KRISHNAPPA BLOCK, GANGANAGAR BANGALORE KARNATAKA - 60 032.
…PETITIONER (BY SRI. NANDEESH, ADVOCATE)
AND:
Digitally 1. THE AXIS BANK signed by BRANCH MANAGER Vandana S KORAMANGALA 4TH BLOCK Location: PREMIUM BRANCH NO.21 4TH BLOCK, HIGH COURT 80 FEET RD, ST BED OF CAUVERY COLONY KORAMANGALA KARNATAKA BENGALURU, KARNATAKA – 560 095.
2. THE NODAL OFFICER, AXIS BANK LTD., NPC1, 5TH FLOOR, GIGAPLEX, PLOT NO.I.T.5 MIDC AIROLI KNOWLEDGE PARK, AIROLI, NAVI MUMBAI, MAHARASHTRA – 400 708.
…RESPONDENTS (BY SRI. JAI M PATIL & SMT. SREEDEVI, ADVOCATES)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OFI NDIA PRAYING TO DIRECT THE R1 AND 2 TO NOT TO BLOCKING / FREEZING/DEBIT FREEZING / PUTTING ON HOLD OF ENTIRE PETITIONER BOTH AXIS BANK CURRENT ACCOUNT NO. 924020005661643 AND ESCROW ACCOUNT NO. 923020072741551 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner has sought for the following reliefs:-
“ a) Direct the Respondent No.1 and 2 to, not to Blocking/Freezing/Debit Freezing/Putting on hold of entire petitioner both Axis Bank Current Account No.924020005661643 and Escrow Account No.923020072741551.
aa) Issue a writ of mandamus directing the respondent No.1 & 2 to DE-FREEZ The petitioner both axis Bank current Account No.924020005661643 and Escrow Account No.923020072741551.
b) Pass any other order(s) which this Court may deem fit and proper in the interest of justice.”
2. On 31.05.2024, this Court passed the following interim order:-
Sri J.M.Patil, learned counsel accepts notice for respondent – bank.
Order on IA.No.2/2024 Accepting the reasons stated in the application, IA.No.2/2024 is allowed.
Petitioner to carryout amendment and file amended petition by next date of hearing.
Order on IA.No.1/2024 IA.No.1/2024 is for a direction to respondent Nos.1 and 2 to de-freeze the account of the petitioner.
In view of the allowing of IA.No.2/2024, thereby correcting the interim prayer sought for by the petitioner, IA.No.1/2024 is also hereby disposed of directing the respondent – bank to de-freeze the account of the petitioner immediately upon receipt of a copy of this order.
Hand delivery of this order is permitted.
Re-list this matter on 14.6.2024.
3. Learned counsel for the respondents submits that pursuant to the aforesaid interim order, the respondent – Bank has defreeze the account of the petitioner and nothing further survives in the petition. The said submission is placed on record.
4. Petition stands disposed of accordingly.
