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2026 Supreme(Online)(Mad) 37986
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
Giri Associates rep. by its Partner, J.Sriesee – Appellant
Versus
Branch Manager, State Bank of India, Tirunelveli Main Branch – Respondent
Writ Petition
For Petitioner: Mr.S.Kishore Kumar
For Respondent: Mr.N.S.Karthikeyan, Standing Counsel
Bank must defreeze account upon submission of partnership reconstitution documents removing objecting co-signatory.
Headnote:Under Article 226 of the Constitution of India, the petitioner firm sought a writ of mandamus to direct the respondent bank to defreeze its current account, which was frozen due to objection by a former co-signatory. The facts reveal the account was frozen on 23.01.2024 following the objection, but the firm was reconstituted, removing the co-signatory as partner, with documents to be submitted. The court found that upon submission of reconstitution documents, the bank should consider defreezing. The key issue was whether the bank could continue freezing the account post-partnership reconstitution. The court's reasoning granted liberty to submit documents, holding the bank must review and pass orders within four weeks in accordance with law. The writ petition is disposed of, granting liberty to submit relevant documents for defreezing; bank to consider and pass orders within four weeks; no order as to costs.
| Table of Content |
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| 1. account frozen due to co-signatory objection despite reconstitution. (Para 1 , 2) |
| 2. liberty granted to submit documents for defreezing within four weeks. (Para 3) |
O R D E R
The petitioner is before this Court seeking a direction to the respondent bank to defreeze the petitioner’s account maintained with the State Bank of India, Tirunelveli Main Branch, bearing Current Account No. 38269304637.
2.The respondent bank has frozen the account of the petitioner firm on the ground that a co-signatory objected to the operation of the account by the petitioner firm on 23.01.2024. The petitioner contends that the firm has since been reconstituted and that, under the reconstituted partnership, the said co-signatory is no longer a partner. It is further submitted that the necessary documents in this regard have been or will be produced before the respondent bank.
3.In view of the above, this writ petition is disposed of, granting liberty to the petitioner to submit the relevant documents for defreezing of the account. Upon submission of such documents, the respondent bank shall consider the same and pass appropriate orders, in accordance with law, within a period of four weeks from the date of receipt of the documents. There shall be no order as to costs.
