2026 Supreme(Online)(Raj) 259
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SUNIL BENIWAL
BHAVNESH SOLANKY – Appellant
Versus
DBS BANK INDIA LIMITED – Respondent
CW / 24434 / 2025
[2026:RJ-JD:2470]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 24434/2025 Bhavnesh Solanky S/o Shri Madhu Lal Solanky, Aged About 26 Years, Resident Of A-45, Nilgiri Colony, New Annaj Mandi Ke Pass, Road No.-9, Skar Road, Jaipur, Jaipur, Rajasthan, 30201 (Aadhar No. 852813641654).
----Petitioner Versus Dbs Bank India Limited, Through Its Branch Manager, Plot No.-1, Unit No. G5-8, Felicity Tower, Ground Floor, Shahkar Marg, Lalkothi, Jaipur-302015 Rajasthan.
----Respondent For Petitioner(s) : Mr. Priyank Kewalia For Respondent(s) : --
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
15/01/2026
1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-
“A. It is, therefore, most respectfully and humbly prayed that your lordship may graciously be pleased to accept and allow this writ petition and:
B. By an appropriate writ, order or direction, the respondents may be directed to remove the freeze on the bank account no.881040590042 in DBS Bank India Limited, Through Its Branch Manager, PLOT NO-1, UNIT NO G5-8,FELICITY TOWER, GROUND FLOOR, SHAHKAR MARG, LALKOTHI, JAIPUR-302015 RAJASTHAN. .IFSC code is IFSC Code:DBSSOINO341. .of the petitioner forthwith.
C. he Hon’ble Court may kindly direct the respondent Bank to forthwith de-freeze the petitoiner’s Bank Account bearing No.881040590042 in the respondent Bank.
D. By an appropriate writ, order or direction, the respondents may be directed to remove the freeze on the bank account and money of petitioner. E. By an appropriate writ, order or direction, the respondents may kindly be directed to pay the 10% interest per annum on the amount in the petitioner’s account which has been put on freeze from the date of the freeze till the date of release.
F. By an appropriate writ, order or direction, the respondents may kindly be restricted from putting the bank account of the petitioner under freeze in future without any just reason and reasonable evidence against the petitioner of being involved in any cyber and lien fraudulent activity.
G. Any other order which this hon’ble court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.
H. The cost of the writ petition may kindly be awarded to the petitioner.”
2. Learned counsel for the petitioner submits that a Co-ordinate Bench of this Court while dealing with similar controversy has passed order dated 25.11.2025 in S.B. Civil Writ Petition No.22577/2025 (Sita Ram vs. Bank of Baroda and Ors.). He prays that the present writ petition may also be disposed of in the same terms as the said writ petition.
3. In view of the submissions made above, the present writ petition is disposed of with a direction to the respondent-Bank to keep the disputed amount (the amount which was transferred illegally in the bank account of the petitioner) frozen and allow the petitioner to make transactions from his bank account from the remaining balance.
4. It is further made clear that in case, the respondent – Bank has not received the information regarding the exact figure of the disputed amount, which the Investigating Officer/Police alleges to be receipt(s) of the offence, the bank shall send a communication to the concerned Investigating Officer/Police, to indicate the amount to be earmarked for lien, while endorsing a copy of the instant order.
5. Upon receipt of such communication/letter, the concerned Investigating Officer/Police shall be under an obligation to apprise the respondent - Bank about the amount to be kept in lien, within a period of seven days of receiving the communication from the respondent - Bank. The respondent – Bank shall thereafter do the needful as directed herein above. It is further made clear that in case, the respondent-Bank does not receive any reply from the concerned Investigating Officer/Police within the stipulated period, then it shall de-freeze the bank account of petitioner.
6.