Disposed

Pabitra Saikia v. the State Bank of India and 5 Ors.

Gauhati HC6 Apr 2022WP(C)/345/2022

Case brief

AI extract

What is this about?

The petitioner sought permission to operate a frozen bank account. The court held that while a criminal case regarding alleged money misappropriation is pending, the petitioner may operate the account provided a余额 of Rs.2.20 lakh is maintained in the account.

What did the court decide?

Petitioner permitted to operate the frozen bank account bearing Account No. 31842433594 provided the petitioner maintains the balance of Rs.2,20,000 in the said account.

Pabitra Saikia Vs the State Bank of India and 5 Ors. — Banking and Recovery | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010011122022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/345/2022

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PABITRA SAIKIA S/O LATE MURULI SAIKIA R/O VILL- BAMGAON P.O. GOAHAINGAON P.S. DHEMAJI DIST. DHEMAJI, ASSAM PIN-787057

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VERSUS

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THE STATE BANK OF INDIA AND 5 ORS. HEAD OFFICE,

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REP. BY ITS CHAIRMAN, 819, DEVDAS KAMLLEG BLOCK, SYNERGY BUILDING, BANDRA KURLA COMPLEX- BANDRA EAST, MUBAI-400051, BEHIND NATIONAL STOCK, EXCHANGE, MAHARASHTRA.

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2:THE STATE BANK OF INDIA

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DISPUR BRANCH REP. BY THE ASSISTANT GENERAL MANAGER DISPUR BRANCH DISPUR GUWAHATI-781006

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3:THE STATE BANK OF INDIA

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DHEMAJI BRANCH REP. BY THE BRANCH MANAGER DHEMAJI BRANCH DHEMAJI

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Page No.# 2/4

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PIN-787057

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4:THE DISPUR POLICE STATION

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REP. BY THE OFFICER-INCHARGE DISPUR POLICE STATION DISPUR GUWAHATI-781006.

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5:SRI SANATAN KALITA

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ASI DISPUR POLICE STATION DISPUR GUWAHATI-781006 6:TOULCHI SAHU PRESIDENT LAXMI ASSOCIATION NGO PANJABARI NABAJYOTI NAGAR GUWAHATI-78103

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Advocate for the Petitioner : MR. N K KALITA

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Advocate for the Respondent : MR B DEURI, G.A, ASSAM (R.No.4)

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 06.04.2022

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Heard Mr. N.K. Kalita, the learned counsel for the petitioner and Mr. B. Deuri the learned Government Advocate, Assam who appears for respondent Nos. 4 and 5. Mr. H. Buragohain, learned counsel appears on behalf of the

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respondents Nos.1, 2 and 3.

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The order of the Lawazima Court dated 25.03.2022 shows that the service upon the respondent No.6 deemed to have been served. Accordingly service is completed.

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The learned counsel for the petitioner submits that the petitioner who is a customer of State Bank of India having his Account No.31842433594 in the Dhemaji Branch of the said Bank. Pursuant to complaint lodged by the respondent No.6 regarding misappropriation of money, the said account has been freezed.

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Thereupon, a complaint was lodged by the respondent No.6 being Dispur P.S. Case No.2212/2019 corresponding to G.R. Case No.1861/2019 under Section 420/379 IPC.

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In the meantime, the investigation has been completed and the charge sheet has been submitted and the case is presently pending before the Court of Judicial Magistrate 1^st Class, Kamrup Metro being G.R. Case No.1861/2019.

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Mr. B. Deuri, learned counsel for the respondent Nos.4 and 5 submits that the amount alleged to be misappropriated is Rs.2,20,000/- and the Investigating Authority has no objection in the petition operating the said bank account subject to the fact that the said amount of Rs.2,20,000/- should be maintained in his bank account. The respondent Nos.1, 2 and 3 is being represented by the learned counsel Mr. H. Buragohain who submits that the State Bank of India had freezed the account at the behest of the respondent Nos.4 and 5.

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Taking into consideration that the disputes involved herein for which the charge sheet has been submitted is limited to Rs.2,20,000/- the petitioner be permitted to operate the said bank account bearing Account No. 31842433594

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provided the petitioner maintains the balance of Rs.2,20,000 in the said account.

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With the above observations, the petition stands disposed.

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JUDGE

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Comparing Assistant

Pabitra Saikia v. the State Bank of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Pabitra Saikia v. the State Bank of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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