Shri Nila Kanta Daflari Vs the Idbi Bank and 4 Ors.

Heard Mr. S. Dutta, the learned counsel appearing on behalf of the Petitioner and Mr. M. Sarmah, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2 and 3.

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The Petitioner herein has a Savings Bank Account bearing No.2082104000017189 maintained in the IDBI Bank, Dhemaji Branch. The Respondent Bank freezed the Petitioner’s Bank Account on the ground of some purported investigation being

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carried out by the Respondent Nos. 4 and 5.

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The learned counsel appearing on behalf of the Petitioner referred to Annexure-IV of the instant writ petition and submitted that the Respondent No.4 had issued a communication to the Respondent No.3 intimating that he is investigating a case wherein the complainant had reported that he invested in Affirma Capital Investment Adviser India Private Limited through a Facebook link and earning shares to invest an amount of Rs.70,10,000/- via Net Banking and after that, made transactions, withdrew amount and did not respond which is a case of cheating. It was further mentioned in the said communication dated 07.01.2025 that the KYC and CIF details of the Petitioner’s account be provided as well as also requested to withhold the account of the Petitioner immediately.

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It is very pertinent to take note of that a perusal of AnnexureIV also reveals that the period during which the Statement of Account was sought for was from 26.07.2024 to 31.07.2024. The learned counsel appearing on behalf of the Petitioner further referred to Annexure-V of the writ petition and submitted that no such amount have been credited or debited having any relevance with Affirma Capital Investment Adviser India Private Limited. He

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further submitted that during the said period from 26.07.2024 to 31.07.2024, the amounts which were deposited are the amounts specifically related to the business of the Petitioner and have nothing to do with such transactions mentioned in Annexure-IV to the writ petition.

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This Court has also taken note of the affidavit which was filed by the Respondent Nos. 1, 2 and 3 wherein it is mentioned that after receiving the said communication dated 07.01.2025, the Respondent Nos. 1, 2 and 3 had freezed the Petitioner’s Bank Account. It is also mentioned in the said affidavit that the Respondent Nos. 1, 2 and 3 can only lift the freeze from the said account upon receipt of information from the Respondent Nos. 4 and 5. However, the said Respondents i.e. the Respondent Nos. 4 and 5 have not informed the Bank thereafter in spite of various communications.

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This Court has heard the learned counsels appearing on behalf of the parties and has given an anxious consideration.

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From a perusal of the statement of the Bank Account of the Petitioner for the period from 01.07.2024 to 05.03.2025 and more particularly during the period from 26.07.2024 to 31.07.2024, there

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appears to be no transaction to the tune of Rs.70,10,000/- as have been alleged in the communication dated 07.01.2025.

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This Court also takes note of that the Respondent Nos. 1, 2 and 3 though have frozen the Petitioner’s Bank Account but in spite of repeated communications issued by the Respondent Nos. 1, 2 and 3 to the Respondent Nos. 4 and 5, they have not responded.

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Considering the above, it is therefore the opinion of this Court that the continuation of the freeze of the Petitioner’s Bank Account on the basis of the communication dated 07.01.2025, without there being any further communication by the Respondent Nos. 4 and 5 cannot be permitted more so taking into account that in the Account Statement of the Petitioner which is enclosed as Annexure-V, there is no indication of any credit to the tune of Rs.70,10,000/- which is mentioned in the communication dated 07.01.2025.

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Accordingly, this Court therefore disposes of the instant writ petition thereby directing the Respondent Nos. 1, 2 and 3 to operationalize the Petitioner’s Bank Account bearing No.2082104000017189 maintained in the IDBI Bank, Dhemaji Branch. The said account shall be allowed to be made operational

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subject to the Petitioner submitting an undertaking before the Respondent No.3 that in the circumstance, it is found that any amount have been deposited in the Petitioner’s Bank Account which are proceeds of cyber crime, the Petitioner would indemnify the Respondent Nos. 1, 2 and 3.

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Bijoy Digitally signed by Bijoy Saha Saha Date: 2026.04.07 17:47:27 +05'30'

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JUDGE

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Comparing Assistant

Shri Nila Kanta Daflari v. the Idbi Bank and 4 Ors.

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Shri Nila Kanta Daflari v. the Idbi Bank and 4 Ors.

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