Disposed

Anil Kumar Gupta v. Punjab National Bank and Another

Allahabad HC9 Dec 2024WRIC/39818/2024

Case brief

AI extract

What is this about?

Petitioner challenged operational disablement of saving account due to disputed money transactions. Court disposed of petition, permitting operation of credit balance pending investigation if indemnity bond is filed.

What did the court decide?

Petitioner permitted to operate account for credit balance over disputed amount upon filing indemnity bond; bank to retain lien on disputed amounts.

Anil Kumar Gupta vs Punjab National Bank and Another — Banking and Recovery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:192637-DB

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Court No. - 39

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Case :- WRIT - C No. - 39818 of 2024 Petitioner :- Anil Kumar Gupta Respondent :- Punjab National Bank And Another Counsel for Petitioner :- Abhishek Trivedi,Pramod Kumar Tripathi Counsel for Respondent :- Ramesh Kumar Shukla

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Hon'ble Saumitra Dayal Singh,J. Hon'ble Donadi Ramesh,J.

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Having heard learned counsel for the petitioner and Sri Prakhar Shukla, holding brief of Sri Ramesh Kumar Shukla, learned counsel for the respondent- bank, this much is clear that there are certain disputed money transactions performed involving the bank account of the petitioner. Though, the petitioner denies involvement in any fraudulent or illegal transactions and claims that all credit balances have arisen against valid transactions, facts in that regard are under investigation.

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In such circumstances, unless all transactions performed through bank account of the petitioner are disputed, it is difficult to sustain the action of respondent- bank in disabling the bank operations of the petitioner, completely vis-a-vis the Saving Account No.7330000100079307.

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In view of such facts, no useful purpose would be served in keeping the writ petition pending or calling for counter affidavit at this stage.

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Accordingly, the writ petition is disposed of with a direction, subject to petitioner filing a fresh representation before the respondent No.2 supported by his personal affidavit and indemnity bond to indemnify the bank with respect to any amount that may be released in his favour, the bank may permit the petitioner to operate his bank account with respect to credit balance over and above the disputed amount. For the disputed amounts, the bank may retain its lien while the investigation/trial, if any, remains pending.

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Order Date :- 9.12.2024 P Kesari

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(Donadi Ramesh, J.) (S.D. Singh, J.)

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Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad

Anil Kumar Gupta v. Punjab National Bank and Another

Case brief

What is this about?

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Anil Kumar Gupta v. Punjab National Bank and Another

Case brief

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What did the court decide?

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