Pramod S/O Jagannath Navghare Prop M/S Pramod Enterprises v. State Of Gujrat, Through Its Secretary Home Dept. Gandinagar (Gujrat) And Other

2025:BHC-NAG:3756-DB 1 905.wp.5.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 05/2025 Pramod s/o. Jagannath Navghare Vs.

State of Maharashtra and Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. R. Prajapati, Advocate for Petitioner. Mr. Apurv De, Advocate Respondent No.3.

Ms Prutha Masodkar, Advocate h/f. Mr. S. N. Kumar, Advocate for Respondent No.4.

CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 08/04/2025.

.

Heard.

2.

The prayer is for de-freezing of the account of the petitioner which is being operated with the respondent No.3 - Bank.

3.

The petitioner, a businessman has claimed that the balance is of Rs.18,00,000/- in the said account and as such even if the lien of the respondent is kept over the amount of Rs.8,40,000/-, he has no objection. 4.

The fact remains that the respondent at whose behest the account is de-freezed, though served, none appears.

5.

The part of the cause of action has arisen as the bank with whom the account is operational is located within the jurisdiction of this Court.

6.

In the wake of above, the petitioner has every right to invoke the writ jurisdiction under Article 226 of

2 905.wp.5.25 the Constitution of India.

7.

Since the contentions raised in the petition are not controverted and the petitioner has volunteered that the respondents to have lien over an amount of Rs.8,40,000/-, we deem it appropriate to allow the petition thereby directing the respondent No.3 to permit the petitioner to operate the account by maintaining minimum balance of Rs.8,40,000/-.

8.

The petition stands allowed in above terms and disposed of.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule