Debabrata Sarkar Vs Indian Bank and Ors. — Calcutta HC (2024) — LawSathi Research

Debabrata Sarkar Vs Indian Bank and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) Branch Manager, Indian Bank, Gariahat Branch to supply all documents relating to the freezing, including the communication from respondent no.5, within ten days; (ii) petitioner free to approach respondent no.5 for defreezing upon securing the disputed amount; (iii) respondent no.5 to consider the representation within two weeks, to direct the bank to defreeze if the money is secured, or otherwise to give reasons; no order as to costs.

Issue for consideration

Whether the petitioner's entire bank account, frozen by the Branch Manager, Indian Bank on instructions of respondent no.5, should be directed to be defrozen, given that the amount under investigation is Rs.44,700/- and the account is used for the petitioner's daily expenses.

Court's answer

The writ petition is disposed of with a direction upon the Branch Manager, Indian Bank, Gariahat Branch, to supply all documents relating to the freezing of the petitioner's account, including the request/communication received from respondent no.5, within ten days from date.

Ratio / Principle

The petitioner is at liberty to approach respondent no.5 with a prayer for defreezing the account upon securing the amount which is in dispute.

Key takeaways

The Law Enforcement Authority of National Crime Records Bureau shall consider the petitioner's representation within two weeks; it may issue necessary directions to the bank to defreeze the account if the petitioner secures the money that is the subject matter of any investigation, and if it cannot accede to the request it must supply reasons enabling the petitioner to understand the nature of the complaint and the investigation.ratio¶16

Detailed headnote1 paragraphs

Writ petition (W.P.A. 1765 of 2024) DISPOSED OF. The petitioner's account with Indian Bank, Gariahat Branch had been frozen by the Branch Manager allegedly on a complaint received from the National Crime Records Bureau; the matter under investigation by the National Crime Records Bureau and the Cyber Risk Management Authority amounted to Rs.44,700/-. Directions issued: (1) the Branch Manager to supply all documents relating to the freezing, including the request/communication received from respondent no.5, within ten days; (2) the petitioner to be at liberty to approach respondent no.5 (Law Enforcement Authority, National Criminal Records Bureau) for defreezing upon securing the disputed amount; (3) respondent no.5 to consider the representation within two weeks, to issue directions to the bank to defreeze the account if the petitioner secures the money that is the subject matter of any investigation, and, if unable to accede, to supply reasons so that the petitioner can understand the nature of the complaint and the investigation. No order as to costs; parties to act on the server copy.

Item No.9 05.08.2024 Court. No. 9 GB

W.P.A. 1765 of 2024

Debabrata Sarkar Vs.

Indian Bank & Ors.

Mr. Sreyas Basu Dasgupta, Ms. Dipanwita Das

… for the Petitioner.

Mr. Mohit Gupta, Mr. Kaushik Modak, Ms. Mousumi Pal

… for the Bank.

Affidavit-of-service filed in Court today, is taken on record.

Despite service, none appears on behalf of the respondent no.5, that is, the Law Enforcement Authority, National Criminal Records Bureau.

The petitioner alleges that the Branch Manager, Indian Bank has frozen the account of the petitioner allegedly on a complaint received from the National Crime Records Bureau. The petitioner contends that the entire account should not be frozen. The dispute and/or the matter over which the National Crime Records Bureau and the Cyber Risk Management Authority were investigating, amounted to a sum of Rs.44,700/-. The petitioner prays for a direction upon the bank to defreeze the account.

The bank authorities submit that they have no option but to freeze the account on the instruction of the respondent no.5, that is, the Law Enforcement Authority, National Criminal Records Bureau.

Under such circumstances, the writ petition is disposed of with a direction upon the Branch Manager, Indian Bank,

2

Gariahat Branch, to supply all documents relating to the freezing of the account of the petitioner including the request/communication received from the respondent no.5. The petitioner is at liberty to approach the respondent no.5 with a prayer for defreezing the account upon the petitioner securing the amount which is in dispute. It is the contention of the petitioner that the said account is used for his daily expenses and freezing of the same has caused irreparable loss and hardship to the petitioner.

The Branch Manager, Indian Bank shall supply all documents to the petitioner within ten days from date. The Law Enforcement Authority of National Crime Records Bureau, shall consider the representation of the petitioner within two weeks from receipt of the petitioner’s representation. The respondent no.5 may issue necessary directions to the bank to defreeze the account if the petitioner can secure the money that is the subject matter of any investigation. If the respondent no.5 cannot accede to the request made by the petitioner, then reasons should be supplied to the petitioner, to enable the petitioner to understand the nature of the complaint against such account and the nature of investigation and offence committed by the petitioner.

Accordingly, writ petition is disposed of.

However, there will be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)