M/S Aimlay Private Limited Through Its Directors v. Union Of India Through The Secretary Ministry Of Law And Justice & ORS.
$~115 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 177/2025 & CM APPL. 770/2025 M/S AIMLAY PRIVATE LIMITED THROUGH ITS DIRECTORS .....Petitioner Through:
Mr. Aditya Goyal, Mr. Sahil Solanki and Mr. Mohit Kaushik, Advocates versus UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF LAW AND JUSTICE & ORS. .....Respondent Through:
Mr. Jagdish Chandra, CGSC-UOI with Mr. Shubham Kumar Mishra, Advocate Mr. Tarneen Singh Nanda, Advocate for R-6
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 09.01.2025 1.
Present petition has been filed by the petitioner with the following prayers: - "A. Issue an appropriate writ of mandamus or any appropriate writ, order, direction in favour of petitioner and declare the actions taken by respondent no 4 and 5 as unlawful and directing the respondent no 2 and 3 to issue appropriate guidelines to respondent no 4 and 5 while dealing with complaints related to the disputed transactions. B. Issue an appropriate writ of mandamus/certiorari or any other appropriate writ thereby directing the respondent no.2 & 3 to issue the guidelines to respondent no. 4 & 5 to provide the petitioner/account holder a prior intimation regarding imposition of any lien mark in lieu of any complaint received by them and further to validate the nature of the complaint before initiating any action.
C. Issue an appropriate writ of mandamus/certiorari or any other appropriate writ thereby directing the respondent no.2 & 3 to issue the guidelines to respondent no. 4 & 5 to provide the petitioner/account holder W.P.(C) 177/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:43:27
a prior intimation regarding debit freeze imposed by them in lieu of any complaint received by them and further to validate the nature of the complaint before initiating any action.
D. Issue an appropriate writ of mandamus or any other appropriate writ thereby directing the respondent no. 4 & 5 to conduct preliminary/intemal inquiry before initiating any actions on the accounts of the petitioner /account holder and to keep a check on the nature of complaint received.
E. Issue an appropriate writ of mandamus or any other appropriate writ thereby the respondent no. 4 & 5 not to debit freeze the accounts of the petitioner/account holder as the option for lien can be opted by them for the alleged/suspected amount.
F. Issue an appropriate writ of mandamus or any other appropriate writ thereby the respondent no. 4 & 5 share the internal inquiry report to the petitioner/account holder before initiating any actions on the bank accounts."
2.
Admittedly, bank account of the petitioner is no longer under attachment and on the basis of payment made by him to the alleged complainant, the investigating agency has already sent a communication to the concerned bank to de-freeze the account.
3.
Viewed thus, grievance of the petitioner has already taken care of adequately.
4.
After hearing arguments for some time, petitioner seeks to withdraw the present writ petition with liberty to file a Public Interest Litigation (PIL) with respect to formulation of SOP as and when lien on any bank account is to be marked on the basis of request received from any investigating agency. 5.
In view of aforesaid, present writ petition is disposed of as not pressed. 6.
Liberty, as prayed, is granted.
MANOJ JAIN, J JANUARY 9, 2025/dr W.P.(C) 177/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:43:27