Allowed

Muhammed Nizam Kt v. 1) State Bank of India

Kerala HC15 Dec 2023WP(C)/40167/2023

Case brief

AI extract

What is this about?

The single judge directed the bank to restrict the freeze on the petitioner's accounts only to the extent of amounts mentioned in the police requisition. The court mandated police intimation within eight months regarding the continuation of the freeze.

What did the court decide?

Order freeze against petitioner's accounts only to the extent of amounts mentioned in police requisition; direct police to inform bank within eight months on continuation of freeze.

Muhammed Nizam Kt Vs 1) State Bank of India — Banking and Recovery | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945

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WP(C) NO. 40167 OF 2023

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PETITIONER:

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MUHAMMED NIZAM KT, AGED 37 YEARS,
S/O MUHAMMED KUTTY, KERLAMTHODI, ILLIKKALAPRAMBU,
ANGADIPURAM, MALAPPURAM, KERALA, PIN – 679321.

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BY ADV CHERIAN MATHEW POOTHICOTE

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RESPONDENTS:

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1 STATE BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER, PARIYAYAPURAM ROAD, ANGADIPURAM PO, MALAPPURAM DISTRICT, KERALA, PIN – 679321.

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2 STATION HOUSE OFFICER, TIRUCHANUR PS, TIRUPATHI URBAN DISTRICT, 517503, ANDHRA PRADESH, PIN – 517503.

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BY ADV. SRI.JITHESH MENON, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 40167 OF 2023

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-2-

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JUDGMENT

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The facts involved in this case are covered

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bythejudgmentofthisCourtin
W.P.(C).No.12960/2023 and connected matters.

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Since the learned counsel for the parties are
ad idem on this, I allow this writ petition in
terms of the said judgment.

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Consequently, I order this Writ Petition

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with the following directions:

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(a) The respondent Bank arrayed in this

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case, is directed to confine the order of freeze
against the accounts of the petitioner, only to
the extent of the amounts mentioned in the
order/requisition issued to them by the Police
Authorities. This shall be done forthwith, so as
to enable the petitioner to deal with his

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account, and transact therein, beyond that
limit.

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WP(C) NO. 40167 OF 2023

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concerned are hereby directed to inform the Bank

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as to whether freezing of accounts of the
petitioner in this Writ Petition will require to
be continued even in the afore manner; and if
so, for what further time, within a period of
eight months from the date of receipt of a copy
of this judgment.

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information/intimationfromthePolice

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Authorities, they will adhere to the same and
complete necessary action – either continuing
the freeze for such period as mentioned therein;
or withdrawing it, as the case may be.

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intimation is received by the Bank in terms of
directions (b) above, the petitioner will be at
full liberty to approach this Court again; for

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which purpose, all his contentions in this Writ

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WP(C) NO. 40167 OF 2023

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-4-

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Petition are left open and reserved to him, to

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impel in future.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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akv

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WP(C) NO. 40167 OF 2023

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-5-

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APPENDIX OF WP(C) 40167/2023

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PETITIONER EXHIBITS

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EXHIBIT P1A TRUE COPY OF THE REQUEST TO FREEZE
THE PETITIONERS ACCOUNT
EXHIBIT P2A TRUE COPY OF THE REQUEST MADE TO THE
2ND RESPONDENT
EXHIBIT P3A TRUE COPY OF THE STATEMENT OF THE
PETITIONER FROM JANUARY 1ST 2021 TO
31ST DECEMBER,2021
EXHIBIT P4A TRUE COPY OF THE REQUEST TO THE
RESPONDENT ALONG WITH THE REPLY FROM
THE RESPONDENT
EXHIBIT P5A TRUE COPY OF THE FIR DATED
14/07/2023

Muhammed Nizam Kt v. 1) State Bank of India

Case brief

What is this about?

What did the court decide?

Muhammed Nizam Kt v. 1) State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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