Amit Kumar v. Axis Bank And ORS

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15131/2023, CM APPL.

60474/2023, CM APPL.

60478/2023 & CM APPL. 26869/2026 AMIT KUMAR .....Petitioner Through:

Ms. Shivani Verma, Ms. Kavita Barla and Mr. Kamlesh Kumar Mishra, Advs.

versus AXIS BANK AND ORS .....Respondents Through:

Mr. LR Goyal and Mr Hrithik Goyal, Advs. for R-1.

Mr. Anubhav Gupta, Panel Counsel ( Civil ) / GNCTD.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 23.04.2026 1.

The instant petition is for directions to the respondents to defreeze the petitioner's account bearing No. 922020025161682 with respondent no. 1bank. 2.

Learned counsel appearing on behalf of the bank submits that on account of various communications received from the respective investigating agencies, the account of the petitioner was frozen. Despite various opportunities, the investigating agencies are not forthcoming to justify their communications.

3.

Learned counsel for the petitioner submits that, till date, no offence has been registered by any of the investigating agencies against him. His 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 25/04/2026 at 13:10:59

complicity has not been shown. The Court, thus, finds that without there being any justification, continued freezing would impede the fundamental rights of the petitioner. The same is the position taken by this Court in the case of Malabar Gold and Diamond Limited vs. Union of India,1 paragraph no. 19 has held as under:

"In light of these provisions, it is also pertinent to note that any blanket or disproportionate freezing of bank accounts, particularly where the account holder is neither an accused nor even a suspect in the offence under investigation, is manifestly arbitrary, and in the teeth of the fundamental rights under Article 19(1)(g) and 21 and of the Constitution of India, which encompass the right to livelihood and freedom to carry on trade and business. Such indiscriminate debit freezing, without any finding of complicity, has the inevitable effect of paralysing the day-today business operations of an otherwise innocent entity, resulting in loss of commercial goodwill and financial consequences, thereby subjecting a non-complicit account holder to punitive consequences." 4.

In view of the aforesaid, the Court finds that the impugned freezing action of the respondent will have to be lifted. Accordingly, the same is directed to be lifted with the immediate effect. 5.

The investigating agencies shall be at liberty to carry out investigation, if any, and in case the petitioner's complicity is found, then they shall be entitled to take appropriate action in accordance with the law. The petitioner undertakes to cooperate with the investigation. 6.

With the aforesaid observations, the instant petition along with pending applications stands disposed of.

7.

Dasti.

PURUSHAINDRA KUMAR KAURAV, J APRIL 23, 2026/SH 1 W.P.(C) 4198/2025 order dated 16.01.2026 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 25/04/2026 at 13:10:59