The High Court of Karnataka disposed of a writ petition filed to quash an order freezing the petitioner's bank account. Relying on a prior declaration of law, the Court directed the bank to defreeze the account within one week.
The bank is directed to defreeze the petitioner's bank account No. 909010038111506 within one week from the date of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:13849 WP No. 34486 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 34486 OF 2025 (CS-RES)
BETWEEN:
…PETITIONER
(BY SRI. MUNIRAJA.M, ADVOCATE)
AND:
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
HC-KAR
AND ALSO AT SURAJ SALIAN HOTEL PVT LTD., NO.317 SHAHID BHAGAT SINGH ROAD, OPP. FORT MARKET ROAD, MUMBAI, MAHARASHTRA - 400 001.
AND ALSO AT SURAJ SALIAN HOTEL PVT LTD., NO.317 SHAHID BHAGAT SINGH ROAD, OPP. FORT MARKET ROAD, MUMBAI, MAHARASHTRA - 400 001.
…RESPONDENTS
(BY R1-AXIS BANK LTD, FRAZER TOWN BRANCH, BENGALURU - SERVED THROUGH HAND SUMMONS; SRI.NIKIT BALA, ADVOCATE FOR R3 AND R4; SRI.SHISHIRA AMARNATH, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/NOTICE DATED 14.07.2025 VIDE BEARING NO.VUCBL/SRO/2025-26/1538 ISSUED BY THE RESPONDENT NO.2 IN EXERCISE OF SECTION 156(2) OF THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960, READ WITH RULE 107
HC-KAR
OF THE MAHARASHTRA CO-OPERATIVE SOCIETIES RULES, 1961 ANNEXURE - A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties.
HC-KAR
freezing the account belonging to the petitioner. In this regard, it is relevant to extract the declaration of law made by this Court in WP.No.13516-13518/2018 disposed of on 04.04.2018, wherein paragraph No.8 reads as under:
8. This court is of the firm opinion that unless and until there is a strong suspicion against the petitioners, the police would not be justified in freezing the account belonging to the petitioners. For, such freezing of account adversely affects the right to life under Article 21 of the Constitution of India. But, in order to balance the conflicting interest of the petitioners, with the interest of the Investigating Agency, and the interest of the complainant, in the interest of justice, respondent Nos. 1 and 2 are directed to de-freeze the account belonging to the petitioners, provided, the petitioner No.1 submits a bond of Rs.20,00,000/-(Rupees Twenty Lakh only) before the learned Sessions Judge, before whom the present case is pending.
NC: 2026:KHC:13849 WP No. 34486 of 2025
HC-KAR
No.1/bank is directed to defreeze the account of the petitioner forthwith, within a period of one week from today.
SD/(E.S.INDIRESH) JUDGE
KVR List No.: 1 Sl No.: 48
2 issues framed by the court
Whether the frozen bank account of a non-borrower and non-guarantor can be directed to be de-frozen.
Whether procedural safeguards were required before freezing the petitioner's bank account.
Colour shows how this judgement treated each authority
WP No. 13516-13518/2018Followed¶35
3 provisions across 3 enactments
Smt Niveditha Karkera
Axis Bank Ltd
M/s. Vaidyanath Urban Co-op Bank Ltd
Mr. Suraj Narasappa Salian
Mrs Chitra Suraj Salian
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
