IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
SUBHASH K V – Appellant
Versus
THE DHANLAKSHMI BANK KALPARAMBA BRANCH – Respondent
WP(C) NO.18168 OF 2025
| Table of Content |
|---|
| 1. bank's obligations regarding account management. (Para 1) |
| 2. petitioner's legal standing concerning the account. (Para 2) |
| 3. directives on temporary account freezing and police compliance. (Para 3) |
J U D G M E N T
Petitioner is maintaining a Bank account with the 1st respondent Bank. In September, 2024, the Bank imposed debit freeze on the account. On enquiry, the petitioner came to know that the account was frozen on the basis of instructions received by the Bank from the 2nd respondent. Ext.P1 issued by the Bank shows that the disputed amount is Rs.8370/-. On 20.05.2025, the writ petition was admitted and interim order was passed directing that the debit freeze on the petitioner’s account shall be confined to the lien marked/disputed amount mentioned in the requisition received by the Bank.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 1st respondent – Bank. There is no appearance for respondent Nos.2 and 3 though notice was issued.
3. I therefore dispose the writ petition with the following directions:
(i) The 1st respondent Bank is directed to confine the freezing of the petitioner's bank account only to the extent of the amount mentioned in the order/requisition issued by the Police Authorities. This shall be done forthwith, so as to enable the petitioner to transact through his account beyond the said limit;
(ii) The Police Authorities concerned are hereby directed to inform the Bank as to whether freezing of the petitioner's account will be required to be continued even in the aforesaid manner; and if so, for how long;
(iii) On the Bank receiving the aforesaid information/intimation from the Police Authorities, they shall comply with it and complete necessary action - either continuing the freezing or lien for such period as mentioned therein; or withdrawing it, as the case may be;
(iv) The police officers concerned shall inform the Bank whether the seizure of the amount in the bank account has been reported to the jurisdictional Magistrate and if not, the time limit within which the seizure will be reported. If no intimation as to the compliance or the proposal to comply with Section 106 of the BNSS is received by the Bank within two months of receipt of a copy of this judgment, the Bank shall lift the debit freeze or remove the lien, as the case may be, on the petitioner's bank account;
(v) In order to enable the Police to comply with the above direction, the Bank, as well as the petitioner, shall forthwith serve a copy of this judgment to the police officer concerned and retain proof of such service.
4. It is clarified that the police authority concerned shall be at liberty to approach this Court to seek review of this judgment if required.
5. The respondent Bank is not precluded from freezing or imposing lien on the petitioner's account on receipt of any subsequent requests/ orders from any law enforcing agencies or courts.
The writ petition is ordered accordingly.
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