Ganesh Subramaniam v. The Reserve Bank Of India Legal Dept
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY In W.P.No.3605 of 2024:- Ganesh Subramaniam .. Petitioner
Versus
1. The Reserve Bank of India - Legal Dept., Central Office Building, Shahid Bhagat Singh Marg, Mumbai - 400 001.
2. The Manager, Canara Bank, NRI Branch, 770, Anna Salai, Chennai - 600 002.
3. Meenakshi Ganesh .. Respondents In W.P.No.6538 of 2024:- Ganesh Subramaniam .. Petitioner
Versus
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1. The Reserve Bank of India - Legal Dept., Central Office Building, Shahid Bhagat Singh Marg, Mumbai - 400 001.
2. The Manager, ICICI Bank, NRI Services, Prakash Presidium, Nungambakkam High Road, Chennai - 600 034.
3. Meenakshi Ganesh .. Respondents Prayer in W.P.No.3605 of 2024 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 as per representation, dated 04.01.2024 to lift the debitfreeze unconditionally in the NRE savings Account No.1987103000142, and Fixed deposits vide account Nos.(i) 1987407002695, (ii) 1987407002828, (iii) 1987407002938, (iv) 1987407002967, (v) 1987407003966, (vi) 1987407003793 at Canara Bank, NRI Branch, 770, Anna Salai, Chennai - 600 002.
Prayer in W.P.No.6538 of 2024 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 as per representation, dated 04.01.2024 to lift the debitfreeze unconditionally in accounts under customer ID No.0929357, NRE 2/8
savings Account No.000901076150, NRO Saving Account No.602601250894 at ICICI Bank, NRI Services, Prakash Presidium, Nungambakkam High Road, Chennai - 600 034.
For Petitioner : Mr.G.V.Sridharan (in both W.Ps) For Respondents : Mr.AGD.Balakumar, for R2 (in W.P.No.3605 of 2024) : Mr.V.Ramesh, for R3 For Respondents : Mr.V.Ramesh, for R3 (in W.P.No.6538 of 2024) COMMON ORDER These two matters are identical and as such are taken up and disposed of by this common order.
2. This litigation is also an offshoot of a marital discord. The accounts in question in W.P.No.3605 of 2024 are in the Canara Bank, NRI branch, Chennai. The accounts in question in W.P.No.6538 of 2024 are in the ICICI Bank, Nungambakkam branch, Chennai. In both these matters, monies are 3/8
lying in the respective accounts and in view of the dispute between the petitioner and the third respondent, the accounts are now standing in frozen condition. It is stated that the matrimonial proceedings were conducted in the State of Telangana and in F.C.A.No.230 of 2010, a judgment was pronounced on 14.08.2023 itself.
3. In view thereof, both the learned Counsel for the petitioner as well as the learned Counsel for the third respondent are in agreement that the monies lying in all these accounts can be divided equally between the petitioner and third respondent 50% each and the issue can be resolved.
4. In that view of the matter, these Writ Petitions are disposed of on the following terms:- (i) The respective banks namely, the Canara Bank, NRI branch, Chennai and the ICICI Bank, Nungambakkam branch, Chennai are directed to take stock as to how much amount is lying in all the accounts as well as 4/8
the fixed deposits or the other deposits connected to the said accounts and credit all the same in the respective accounts. Then, exactly calculating 50% of the amount, shall credit 50% of the amount to the petitioner and 50% of the amount to the third respondent.
(ii) The amount shall be credited to the individual accounts furnished by them to the banks. Thereafter, the present accounts shall thereafter be closed for once for all;
(iii) The petitioner as well as the third respondent shall furnish to the respective banks by way a representation in writing to the account, to which, the amount can be credited within one week from the date of receipt of a web-copy of this order without waiting for a certified copy of this order; (iv) Upon receipt of the account details, the Canara Bank, NRI branch, Chennai as well as the ICICI Bank, Nungambakkam branch, Chennai shall credit 50% each to the petitioner as well as the third respondent and close the accounts;
(v) Even if one party furnishes the accounts, their respective 50% 5/8
share shall be paid to the said party;
(vi) There shall be no order as to costs.
28.04.2025 : no grs To
1. The Reserve Bank of India - Legal Dept., Central Office Building, Shahid Bhagat Singh Marg, Mumbai - 400 001.
2. The Manager, Canara Bank, NRI Branch, 770, Anna Salai, Chennai - 600 002.
3. The Manager, ICICI Bank, NRI Services, Prakash Presidium, Nungambakkam High Road, Chennai - 600 034.
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D.BHARATHA CHAKRAVARTHY, J.
grs 7/8
28.04.2025 8/8