Mohamed Musthafa v. The Bank Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Mohamed Musthafa . . . Petitioner Vs.

1. The Bank Manager, DBI Bank, LIC Building, No.806, Anna Salai Opp, Chennai - 600 002.

2. Sabarmathi Police Station, Bulakhis Road, Near Toll Naka, Ram Nagar, Sabarmathi, Ahmedabad, Gujarat - 380 005.

3. Cyber Crime Cell, 16, IGP Office, Sakhej-Gandhinagar Highway, Near Adani CNG, Makarba, Ahmedabad, Gujarat - 380 051.

4. DBS Bank Manager, DBS Bank India Limited, 19th Floor, Express Tower, Nariman Point, Mumbai - 400 021.

5. Cyber Crime Police Station, Bunglow No.15, Dafinala Gross Road,

Near IPS Mess, Shahibag, Ahmedabad, Gujarat - 380 004.

. . . Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing respondents to pass necessary orders to defreeze the savings bank Account No.88100223198 which have been blocked on 16.02.2023 of the petitioner.

For petitioner : Mr.A.Syed Kaleesha

ORDER

The petitioner has prayed for a Mandamus directing the respondents to pass necessary orders to defreeze the savings bank Account No.88100223198 of the petitioner.

2. Since no adverse order is being passed against the private respondents notice to the private respondents is dispensed with.

3. It is the case of the petitioner that he is the account holder of the Digibank of DBS Bank India Limited. Alleging the notice received from the "Gujarat Cyber Crime" on 14.02.2023 (Debit Freeze) with regard to the online financial fraud, the DBS Bank account of the petitioner was freezed

by the respondent Bank. Seeking to defreeze the savings bank account No.88100223198 of the petitioner, he made a representation before the respondents on 14.03.2023, pursuant to the said representation, the respondents sought to get appropriate order from the Court. Hence the present writ petition.

4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 14.03.2023 and pass appropriate orders within the time frame that may be fixed by this Court.

5. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the respondents to consider the petitioner's representation dated 14.03.2023 and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any within a period of six (6) weeks from the date of receipt of a copy of this order.

6. This writ petition is disposed as above. No costs. 30.06.2023 rap Index : Yes / No Internet : Yes / No NCC : Yes / No To

1. The Bank Manager, DBI Bank, LIC Building, No.806, Anna Salai Opp, Chennai - 600 002.

2. DBS Bank Manager, DBS Bank India Limited, 19th Floor, Express Tower, Nariman Point, Mumbai - 400 021.

M.DHANDAPANI, J rap 30.06.2023