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2026 Supreme(Online)(Ker) 25038
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
JOSSIN P. JOBY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 4540 OF 2026
For the Appellants/Petitioners: SHRI.EMMANUEL CYRIAC, SRI.CYRIAC KURIAN, SMT.ELIZEBATH GEORGE
For the Respondents: SHRI.SUNIL SHANKER, SMT.VIDYA GANGADHARAN, SHRI.THOMAS GLAISON, SHRI.ASHLIN SAJU, SMT.G.SHEEBA, GP
A petitioner can seek a directive for unfreezing a bank account upon settling dispute amounts, affirmed by court's recognition of evidence provided.
Headnote:The Writ Petition was filed seeking a direction for the issuance of a No Objection Certificate for the operation of a bank account, asserting that a disputed amount had been settled. The court observed that the contested amount had indeed been paid and ordered the bank to allow account operation. Issues included verification of payment and the authority's role in the bank's lien. The court concluded by directing the bank to permit the petitioner to operate the account.
| Table of Content |
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| 1. direction for bank account operations. (Para 1 , 2 , 3) |
| 2. court's directive to lift bank lien. (Para 4) |
JUDGMENT
Dated this the 17th day of March, 2026
1. The Petitioner has filed this Writ Petition seeking direction to the Respondent No.2/SHO to issue No Objection Certificate to the Respondent No.4/Bank for the operation of the account as the disputed amount is settled with the complainant and also seeking direction to the Respondent No.4/Bank to remove the lien and unfreeze the bank account maintained by the Petitioner with the Respondent No.4/Bank.
2. The learned Standing Counsel for the Respondent No.4 on instructions submitted that the request was received from the Respondent No.2 for debit freeze and lien for an amount of Rs.67,000/-.
3. Since the contention of the Petitioner is that the Petitioner already settled the disputed amount with the complainant, the learned Government Pleader was directed to get instruction from the Respondent No.2. The learned Government Pleader on instruction submitted that the amount of Rs.67,000/- is already paid to the complainant.
4. In view of the said submission, the Writ Petition is disposed of, directing the Respondent No.4/Bank to permit the Petitioner to operate the account.
