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2026 Supreme(Online)(Raj) 824

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SUNIL BENIWAL
KOHINOOR E-MITRA AND MONEY TRANSFER SERVICE – Appellant
Versus
BANK OF BARODA – Respondent
CW / 20663 / 2025



[2026:RJ-JD:3111]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 20663/2025 Kohinoor E-Mitra And Money Transfer Service, A Micro Enterprises (Udyam Registration No. Udyam Rj-26-0074577), Address Of Principal Place Of Business-227, Anand Nagar, Maharana Pratap Chauraha, Pali, District- Pali, Pin-306401 (Rajasthan) Through Its Proprietor Jakir Husain S/o Fathe Mohammed, Aged About 37 Years, Resident Of 227, Anand Nagar, Maharana Pratap Chauraha, Pali, District- Pali, Pin306401 (Rajasthan). ----Petitioner Versus Bank Of Baroda, Branch- Mandia Road, Pali, District- Pali, Pin-

306401 (Rajasthan), Through Its Branch Manager.

----Respondent For Petitioner(s) : Mr. Rajak Khan Mr. Sudarshan Choudhary For Respondent(s) : --

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

19/01/2026

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-

“I. The Hon'ble Court may kindly be pleased to declare as illegal, the action of the respondent-Bank in freezing the petitioner's Bank Account bearing No. 54350200000957 in Bank of Baroda, Branch-Mandia Road, Pali, District-Pali and entire any subsequent proceedings arising out of the same, and/or;

II. Issue an appropriate writ, order or direction in the nature of Mandamus, directing the Respondents to forthwith remove the restriction on operation of Account No. 54350200000957 maintained with Bank of Baroda, Branch-Mandia Road, Pali, District-Pali, and/or;

III. Direct the Respondents to supply the Petitioner with a copy of any order/complaint based on which the account was frozen, if any, and/or;

IV. Any other appropriate Writ, order or direction, which the Hon'ble Court deems appropriate in the factual matrix of the instant case, may also kindly be passed in favour of 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 its 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. Stay petition as well as all pending applications, if any, stand disposed of.

(SUNIL BENIWAL),J

1-Ashutosh/-

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