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High Court of DelhiW.P.(C)/1918/2025

Mohd. Dulal v. Union Of India & ORS.

2025-05-21Hon'Ble Mr. Justice Vikas Mahajan2 pages

$~96 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1918/2025 & CM APPL. 9025/2025, 9026/2025 MOHD. DULAL .....Petitioner Through:

Mr. Anubhav Gupta, Adv.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Vedansh Anand, G.P. for UOI.

Mr. Ajay Kumar Gupta, Mr. Pramod Kumar and Mr.

Kanti Tiwiari, Advs.

for respondent no.3/HDFC Bank.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 21.05.2025 1.

The present petition has been filed seeking direction to the respondent/HDFC Bank to defreeze the account of the petitioner bearing no.50100366455358 maintained by the petitioner with the said bank. 2.

The case as set out in the present petition is that the petitioner is the proprietor and deals in the business of manufacturing and selling of garments having his shop at RZ-11/C, Gali No.5, Tuglakabad Extension, New Delhi-110019 in the name of AN Fashion.

3.

The petitioner came to know about freezing of his bank account when during the course of business, transfer of funds and other activities in the said account were suddenly blocked. On inquiry being made by the petitioner, it transpired that due to a cyber crime complaint filed with the police at Nashik City, Upanagar Police Station, a direction was received by the respondent bank to freeze the account.

4.

Notice in the petition was issued vide order dated 14.02.2025. 5.

Mr.

Ajay Kumar Yadav, learned counsel appearing for the respondent/HDFC Bank has entered appearance. On instructions from the 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 01/07/2025 at 20:04:44

bank, he submits that the bank account of the petitioner has been put on debit freeze for the reason that there is a cyber crime complaint and upon investigation, it has been found by the Maharashtra Police that an amount of Rs.1,900/- has been credited in the account of the petitioner, out of which Rs.1,701/- is disputed amount.

6.

On a query posed by the Court, he submits that the disputed amount is not more than Rs.1701/- as per the instructions received from Maharashtra Police.

Undisputedly, passing of an order of freezing of the entire bank account of the petitioner has serious and adverse implications on the business of the petitioner, inasmuch as the account so frozen is stated to be the business account of the petitioner. Further, since the disputed amount has been quantified by the investigating agency, there is no justification for freezing the entire account of the petitioner. 7.

On being further queried, learned counsel for the respondent/HDFC Bank submits that instructions from the Maharashtra Police were received on 25.01.2024 and thereafter, no further instructions have been received. 8.

In view of the above, it would be in the fitness of things to dispose of the present petition by directing the respondent/HDFC Bank to defreeze the account of the petitioner by marking lien on an amount of Rs.1,701/- which is stated to be disputed amount. Ordered accordingly. 9.

The petition stands disposed of in the above terms. VIKAS MAHAJAN, J MAY 21, 2025/ssc 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 01/07/2025 at 20:04:44